Iron Workers St. Louis District Council Annuity Trust et al v. Arrow Fence, Inc.

Filing 11

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion to Compel (Doc. No. 9) is GRANTED. IT IS FURTHER ORDERED that Plaintiffs' request for an award of their attorneys' fees and costs related to the preparat ion of this motion is GRANTED. IT IS FURTHER ORDERED that, not later than Thursday, June 6, 2012, Defendant shall make its books and records available for audit and inspection by an auditor of Plaintiffs' choice and at Defendant's c ost, as required by this Court's Order of January 28, 2012. Failure to fully comply with this Order may result in a finding of civil contempt and the imposition of sanctions including a fine and/or incarceration. IT IS FURTHER ORDERED t hat Plaintiffs shall effect service of this Order and a copy of the Court's Order of January 28, 2012, (Doc. No. 7) on Defendant by whatever means they believe to be most effective, and shall promptly file a certificate of such service. (Response to Court due by 6/6/2012.) Signed by Honorable Audrey G. Fleissig on 5/16/2012. (KSM)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
IRON WORKERS ST. LOUIS DISTRICT )
COUNCIL ANNUITY TRUST, et al.,
)
)
Plaintiffs,
)
)
vs.
)
)
ARROW FENCE, INC.,
)
)
Defendant.
)

Case No. 4:11CV02019 AGF

MEMORANDUM AND ORDER
This is an action under the Employee Retirement Income Security Act (ERISA),
29 U.S.C. § 1132, to recover delinquent fringe benefit contributions allegedly owed by
Defendant Arrow Fence, Inc. After the filing of Plaintiffs’ Complaint, Defendant failed
to answer or otherwise respond. The Clerk of the Court entered a default in this matter,
and on January 28, 2012, the Court granted Plaintiffs a partial default judgment and
ordered Defendant, within thirty days, to submit its books to an audit by an auditor of
Plaintiffs’ choice and at Defendant’s cost.
As of this date, Defendant has not complied with the Court’s previous order and
Plaintiffs now move to compel Defendant to submit to an audit of its books for purposes
of determining delinquent contributions. Plaintiffs also request an award of their
attorneys’ fees and costs for the preparation of this motion. The Court will grant both
requests.
Defendant is advised that failure to comply with this Order may result in a finding
that Defendant is in contempt of this Court, and in the imposition of sanctions, including

but not limited to a fine, an award of additional attorney’s fees and costs to Plaintiffs, as
appropriate.
Accordingly,
IT IS HEREBY ORDERED that Plaintiffs’ Motion to Compel (Doc.
No. 9) is GRANTED.
IT IS FURTHER ORDERED that Plaintiffs’ request for an award of their
attorneys’ fees and costs related to the preparation of this motion is GRANTED.
IT IS FURTHER ORDERED that, not later than Thursday, June 6, 2012,
Defendant shall make its books and records available for audit and inspection by an
auditor of Plaintiffs’ choice and at Defendant’s cost, as required by this Court’s Order of
January 28, 2012. Failure to fully comply with this Order may result in a finding of civil
contempt and the imposition of sanctions including a fine and/or incarceration.
IT IS FURTHER ORDERED that Plaintiffs shall effect service of this Order and
a copy of the Court’s Order of January 28, 2012, (Doc. No. 7) on Defendant by whatever
means they believe to be most effective, and shall promptly file a certificate of such
service.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 16th day of May, 2012.

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