Greater St. Louis Construction Laborers Welfare Fund et al v. Thomas et al

Filing 35

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs motion for partial summary judgment in the amount of $10,189.98 [#25] is GRANTED. IT IS FURTHER ORDERED that Mid-States Wrecking shall submit its contribution report forms for the mont hs of September and October 2007 and April 2008 to date to Plaintiffs no later than January 9, 2009. IT IS FURTHER ORDERED that Plaintiffs motion to compel an accounting [#28] is GRANTED. Mid-States Wrecking shall allow Plaintiffs to conduct a financial examination of Mid-States Wrecking for the period of January 2, 2007 to the present no later than January 9, 2009. Signed by Honorable Rodney W. Sippel on 12/9/08. (LAH, )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION GREATER ST. LOUIS CONSTRUCTION ) LABORERS WELFARE FUND, et al., ) ) Plaintiffs, ) ) vs. ) ) MID-STATES WRECKING CO., et al., ) ) Defendants. )

Case No. 4:07CV1366 RWS

MEMORANDUM AND ORDER In this lawsuit Plaintiffs seek to collect fringe benefit contributions owed under a collective bargaining agreement. Plaintiffs have moved for partial summary judgment against Defendant Mid-States Wrecking in the total amount of $10,189.98, consisting of $8,155.98 in fringe benefit contributions and $2,034.00 in liquidated damages. Plaintiffs also seek an order requiring Mid-States Wrecking to submit its contribution report forms for the months of September and October 2007 and April 2008 to date. Mid-States Wrecking does not oppose Plaintiffs' motion for partial summary judgment. In addition, Plaintiffs seek an order compelling Mid-States Wrecking to submit to a financial examination for the period of January 2, 2007 to the present. Plaintiffs request the financial examination to determine the amounts owed to them by Mid-States Wrecking. The collective bargaining agreement to which Mid-States Wrecking is a party authorizes Plaintiffs to conduct a financial examination. Mid-States Wrecking has not filed a response to this motion. Accordingly, IT IS HEREBY ORDERED that Plaintiffs' motion for partial summary judgment in the amount of $10,189.98 [#25] is GRANTED.

IT IS FURTHER ORDERED that Mid-States Wrecking shall submit its contribution report forms for the months of September and October 2007 and April 2008 to date to Plaintiffs no later than January 9, 2009. IT IS FURTHER ORDERED that Plaintiffs' motion to compel an accounting [#28] is GRANTED. Mid-States Wrecking shall allow Plaintiffs to conduct a financial examination of Mid-States Wrecking for the period of January 2, 2007 to the present no later than January 9, 2009.

____________________________ RODNEY W. SIPPEL UNITED STATES DISTRICT JUDGE Dated this 9th day of December, 2008.

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