Ceramic Tile and Marble Masons' Union No. 18 of Missouri Pension Plan, et al v. Jones

Filing 13

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs motion for a default order to compel an accounting [#11] is granted. IT IS FURTHER ORDERED that defendant Robert Jones, doing business as Franklin County Tile and Stone, shall, not later than November 10, 2008, produce for inspection by plaintiffs, or plaintiffs designated accountant, all payroll registers and other documents reflecting or pertaining to all hours worked by, and wages paid to, employees of Franklin County Tile & Stone, from May 1, 2007 to the present.. Signed by Honorable Carol E. Jackson on 10/9/08. (KMS)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION TRUSTEES OF THE CERAMIC TILE AND MARBLE MASONS' UNION NO. 18 OF MISSOURI PENSION PLAN, et al., Plaintiffs, vs. ROBERT JONES, Defendant. ) ) ) ) ) ) ) ) ) ) ) )

No. 4:08-CV-885 (CEJ)

MEMORANDUM AND ORDER This matter is before the Court on plaintiffs' motion for a default order of accounting, following entry of default against defendant Robert Jones. Plaintiffs bring this action to collect delinquent fringe benefit contributions pursuant to the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 et seq., and the Labor Relations Management Act (LMRA), 29 U.S.C. §§ 141 et seq. Plaintiffs are two labor unions ("Local 18" and

"Internati onal Union") and trustees of six employee benefit plans ("Tile Setters Pension Plan", "Tile Finisher's Pension Plan",

"Interna tional Pension Fund", "Apprenticeship Fund", "International Health Fund", and "International Masonry Institute Fund"). They seek an order compelling defendant to submit to an audit for the period of May 1, 2007, to the present. According to the affidavit of Michael Burns, a business manager for the union, defendant failed to make timely contributions to the plans as required under the terms of a collective bargaining

agreement entered into on October 5, 2004.

Defendant was served with

the summons and complaint on June 24, 2008, and has not filed an

answer or otherwise appeared in this matter. entered default against the defendant.

The Clerk of Court has

Plaintiffs have moved, pursuant to Rule 55(b)(2), Fed. R. Civ. P., for an order compelling defendant Robert Jones, doing business as Franklin County Tile & Stone, to submit to an audit for the purposes of determining the amount of damages. Plaintiffs have established

that defendant is bound by the terms of a collective bargaining agreement with the union. submit contributions to The agreement requires that defendant funds and authorizes plaintiffs to

the

examine the financial records to ascertain whether the required contributions were made. determine the amount owed The only means by which plaintiffs can is through such financial compliance

examination. Accordingly, IT IS HEREBY ORDERED that plaintiffs' motion for a default order to compel an accounting [#11] is granted. IT IS FURTHER ORDERED that defendant Robert Jones, doing

business as Franklin County Tile and Stone, shall, not later than November 10, 2008, produce for inspection by plaintiffs, or

plaintiffs' designated accountant, all payroll registers and other documents reflecting or pertaining to all hours worked by, and wages paid to, employees of Franklin County Tile & Stone, from May 1, 2007 to the present.

CAROL E. JACKSON UNITED STATES DISTRICT JUDGE Dated this 9th day of October, 2008.

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