Dalsin et al v. Marianne's Roofing Company, LLC

Filing 46

ORDER ADOPTING REPORT AND RECOMMENDATIONS granting 39 Plaintiffs' Request for Fees and Costs and finding defendant in contempt of court (Written Opinion). Signed by Chief Judge John R. Tunheim on 9/7/2018. (HAZ)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

MARK CONROY and ROBERT DALSIN, as
Trustees of the Roofers Local No. 96 Health
and Welfare Fund; CHRIS CRONIN and
JAMES HADEL, as Trustees of the Roofers
and Waterproofers Research and Education
Joint Trust Fund; and ROBERT DALSIN and
KINSEY ROBINSON, as Trustees of the
National Roofing Industry Pension Fund,

Civil No. 18-436 (JRT/SER)

ORDER

Plaintiffs,
v.
MARIANNE’S ROOFING COMPANY LLC,
a Wisconsin limited liability company,
separately and doing business as “W.J.
Woodruff Roofing Contractors,”,
Defendants.

Thomas C. Atmore, LEONARD, O'BRIEN, SPENCER, GALE &
SAYRE, LTD, 100 South Fifth Street, Suite 2500, Minneapolis, MN
55402, for plaintiffs.
United States Magistrate Judge Steven E. Rau filed the Report and
Recommendation on August 9, 2018 [Docket No. 44]. No objections have been filed to
that Amended Report and Recommendation in the time period permitted.
Based on the Report and Recommendation of the Magistrate Judge, and all of the
files, records and proceedings herein, the Court ADOPTS the Report and
Recommendation of the Magistrate Judge Dated August 9, 2018 [Docket No. 44].

Accordingly, IT IS HEREBY ORDERED that Plaintiffs’ Requests for Fees and Costs
[Docket No. 39] is GRANTED:
1.

Defendant Marianne’s Roofing Company LLC (“Defendant”) is in
contempt of court and fined $100 per day until it “cooperate[s] with the
conduct of a payroll audit by Plaintiffs’ Third Party Administrator,
including immediately providing such other books and records or
information as the Third Party Administrator may require to complete the
payroll audit” as ordered in the undersigned’s Order Dated March 29, 2018
[Docket No. 20];

2.

The Plaintiffs’ Requests for Fees and Costs [Docket No. 39] is
GRANTED; and

3.

Plaintiffs are entitled to $7,201.64 in fees and costs recoverable from
Defendant only.

Dated: September 7, 2018
at Minneapolis, Minnesota
s/John R. Tunheim
JOHN R. TUNHEIM
Chief Judge
United States District Court

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