Carpenters' District Council Of Greater St. Louis and Vicinity et al v. AG Energy Resources, Inc.

Filing 11

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs' Motion for Default Judgment is GRANTED. [Doc. # 8 ] An appropriate Default Judgment showing Defendant's liability of $12,731.38 shall accompany this Memorandum and Order. Signed by Honorable Catherine D. Perry on 10/20/09. (KXS)

U N I T E D STATES DISTRICT COURT E A S T E R N DISTRICT OF MISSOURI E A S T E R N DIVISION

C A R P E N T E R S ' DISTRICT COUNCIL OF ) G R E A T E R ST. LOUIS AND VICINITY, ) e t al., ) ) Plaintiffs, ) ) vs. ) ) A G ENERGY RESOURCES, INC., ) ) Defendant. )

Case No. 4:09CV1152 AGF

M E M O R A N D U M AND ORDER T h is matter is before the Court on Plaintiffs' Motion for Default Judgment a g a in s t Defendant AG Energy Resources, Inc. Plaintiffs filed this action on July 21, 2 0 0 9 , under the Employee Retirement Income Security Act, 29 U.S.C. §§ 1132 and 1145, a n d the Labor Management Relations Act, 29 U.S.C. § 185. The complaint alleges that D e f en d a n t failed to fully pay several employee benefit funds the contributions due under th e collective bargaining agreement between Defendant and its employees' union. Plaintiffs are the union and the trustees, sponsors, and/or fiduciaries of the various funds. On September 2, 2009, Plaintiff filed a Motion for Entry of Default and a Motion f o r Default Judgment. On September 3, 2009, the Clerk of Court entered an order of d e f au lt against Defendant. In the Motion for Default Judgement, Plaintiffs seek judgment a g a in s t Defendant for the delinquent contributions to the funds for the months of D e c em b e r 2008 and January 2009 in the total amount of $11,669.88,1 which consists of $ 9 ,1 5 5 .4 2 in delinquent contributions, $1,831.08 in liquidated damages, and $683.38 in

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Plaintiffs erroneously set forth this amount in their motion as $11,669.89.

in te re st. Plaintiffs also seek, under the collective bargaining agreement, $375.00 in legal f e e s and $686.50 in costs. Plaintiffs have provided documentation supporting their assertion that they are e n title m e n t to these amounts. Upon review of the record, I T IS HEREBY ORDERED that Plaintiffs' Motion for Default Judgment is G R A N T E D . [Doc. # 8 ] A n appropriate Default Judgment showing Defendant's liability of $12,731.38 s h a ll accompany this Memorandum and Order.

UNITED STATES DISTRICT JUDGE

D a te d this 20th day of October, 2009.

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