Carpenters' District Council Of Greater St. Louis and Vicinity et al v. Whitehead Concrete & Masonry, Inc.

Filing 14

DEFAULT JUDGMENT IT IS HEREBY ORDERED that plaintiffs' motion for default judgment is granted. [Doc. 8] IT IS FURTHER ORDERED that judgment by default is entered in favor of plaintiffs and against defendant Whitehead Concrete & Masonry, Inc. in the amount of Six Thousand Seven Hundred Seventy-Nine Dollars and Forty-Five Cents ($6,779.45). Signed by Honorable Charles A. Shaw on 7/12/2012. (NCL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CARPENTERS’ DISTRICT COUNCIL OF
)
GREATER ST. LOUIS AND VICINITY and )
TERRY M. NELSON, RENEE BELL, BRIAN )
PALUCH, JOHN W. FISCHER, MICHAEL )
T. THUSTON, DONALD J. BRUSSEL, JR., )
SCOTT BYRNE, KEN STRICKER, KIRK
)
VERSEMAN, ALBERT BOND, ROBERT
)
CALHOUN, RON DICUS, KEVIN BYRNE, )
and EARL POE, III, in their representative
)
capacities as trustees of the CARPENTERS’ )
PENSION TRUST FUND OF ST. LOUIS,
)
and TERRY M. NELSON, RENEE BELL,
)
BRIAN PALUCH, JOHN W. FISCHER,
)
MICHAEL T. THUSTON, DONALD J.
)
BRUSSEL, JR., SCOTT BYRNE, KEN
)
STRICKER, KIRK VERSEMAN, ALBERT )
BOND, ROBERT CALHOUN, RON DICUS, )
KEVIN BYRNE, and EARL POE, III in their )
representative capacities as trustees of the
)
CARPENTERS’ HEALTH AND WELFARE )
TRUST FUND OF ST. LOUIS, and TERRY )
M. NELSON, RENEE BELL, BRIAN
)
PALUCH, JOHN W. FISCHER, MICHAEL T. )
THUSTON, DONALD J. BRUSSEL, JR.,
)
SCOTT BYRNE, KEN STRICKER, KIRK
)
VERSEMAN, ALBERT BOND, ROBERT
)
CALHOUN, RON DICUS, KEVIN BYRNE, )
and EARL POE, III in their representative
)
capacities as trustees of the CARPENTERS’ )
VACATION TRUST FUND OF ST. LOUIS )
and RENEE BELL, ROBERT BEHLMAN,
)
KEVIN DEPTULA, KEITH TAYLOR,
)
MICHAEL T. THUSTON, MIKE GRIGAITIS,)
RON DICUS, ROBERT WOLF, TERRY M. )
NELSON, BOB FRITZ and ALBERT BOND )
in their representative capacities as trustees of )
the CARPENTERS’ JOINT TRAINING
)
FUND OF ST. LOUIS,
)
)
Plaintiffs,
)
)

No. 4:12-CV-486 CAS

v.
WHITEHEAD CONCRETE & MASONRY,
INC. an Illinois corporation,
Defendant.

)
)
)
)
)
)

DEFAULT JUDGMENT
Plaintiffs filed this action on March 15, 2012 to recover from defendant Whitehead Concrete
& Masonry, Inc. fringe benefit contributions, liquidated damages, interest, attorneys’ fees and costs
owed to the plaintiffs pursuant to the Employee Retirement Income Security Act, 29 U.S.C. §
1332(g)(2) (“ERISA”) and pursuant to the Labor Management Relations Act, 29 U.S.C. § 185
(“LMRA”).
On March 20, 2012, defendant was served with the summons and complaint. Defendant has
not appeared, and on June 26, 2012, the Clerk of Court entered default against defendant. Plaintiffs
move for default judgment, submitting in support of their motion the affidavits of Juli Laramie and
Greg A. Campbell.
Defendant has been party to a collective bargaining agreement with the Carpenters’ District
Council of Greater St. Louis and Vicinity which requires the payment of fringe benefit contributions
through the purchase of fringe benefit stamps. The collective bargaining agreement also requires
payment of 20% liquidated damages on delinquent contributions, plus 10% annual interest. The
agreement also requires delinquent employers to pay plaintiffs’ attorneys’ fees and court costs. See
Laramie Aff. at ¶¶ 4-6.

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Based on plaintiffs’ complaint and the affidavit of Juli Laramie, defendant owes $4,501.77 in
fringe benefit contributions. Additionally, defendant owes $900.36 in liquidated damages on these
delinquent contributions and $301.82 in interest. See Laramie Aff. at ¶ 7.
The collective bargaining agreement and ERISA, 29 U.S.C. § 1132(g)(2), also requires
defendant to pay plaintiffs’ attorneys’ fees and costs. Plaintiffs incurred $635.50 in attorneys’ fees
and $440.00 in costs. See Campbell Aff. at ¶¶ 3-4. Based on the evidence presented, the Court finds
that the services performed by plaintiffs’ attorneys were reasonable and necessary to the litigation of
this case, that the rates charged were reasonable, and that the amount sought for attorneys’ fees is
reasonable.
The total amount owed for fringe benefit contributions, liquidated damages, interest,
attorneys’ fees and costs by defendant to plaintiffs is $6,779.45.
Accordingly,
IT IS HEREBY ORDERED that plaintiffs’ motion for default judgment is granted. [Doc.
8]
IT IS FURTHER ORDERED that judgment by default is entered in favor of plaintiffs and
against defendant Whitehead Concrete & Masonry, Inc. in the amount of Six Thousand Seven
Hundred Seventy-Nine Dollars and Forty-Five Cents ($6,779.45).

CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE
Dated this 12th day of July, 2012.
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