Carpenters' District Council Of Greater St. Louis and Vicinity et al v. Commercial Drywall Construction, LLC

Filing 8

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs motion for a default order to compel an accounting [Doc. #5] is granted. IT IS FURTHER ORDERED that, not later than September 25, 2012 defendant, Commercial Drywall Construction, LLC, shal l produce for inspection by plaintiffs all books, ledgers, payroll records, cash disbursement ledgers, bank statements and other documents reflecting or pertaining to all hours worked by and wages paid to employees of Commercial Drywall Constructio n, LLC, for the period beginning November 23, 2010, through present. IT IS FURTHER ORDERED that the Clerk of the Court shall send a copy of this order to defendant, Commercial Drywall Construction, LLC, by regular and certified mail, at the following address: Commercial Drywall Construction, LLC 5920 Thomas Estates Drive Hillsboro, Missouri 63050 (copy sent by regular mail and certified mail). Signed by District Judge Carol E. Jackson on 8/28/2012. (KMS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CARPENTERS’ DISTRICT COUNCIL OF
GREATER ST. LOUIS AND VICINITY,
et al.,
Plaintiffs,
vs.
COMMERCIAL DRYWALL
CONSTRUCTION, LLC.
Defendant.

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Case No. 4:12-CV-805 (CEJ)

MEMORANDUM AND ORDER
This matter is before the Court on plaintiffs’ motion to compel an accounting
following an entry of default against defendant, Commercial Drywall Construction, LLC.
Defendant was served with a summons and a copy of the complaint on May 15, 2012,
and has not filed an answer or otherwise appeared in this matter. On July 5, 2012, the
Clerk of Court entered default against defendant.
Plaintiffs bring this action to collect delinquent fringe benefit contributions
pursuant to Section 301 of the Labor Management Relations Act of 1974, as amended,
29 U.S.C. § 185, and Section 502 of the Employee Retirement Income Security Act of
1974, as amended, 29 U.S.C. § 1132. Plaintiffs are Carpenters’ District Council of St.
Louis (the Union), three employee benefit plans (the Pension, Welfare, and Vacation
Trusts, collectively, the Funds), and their trustees.

According to the complaint,

defendant is party to a collective bargaining agreement with Carpenters District Council
of Greater St. Louis. The complaint states that defendant failed to contribute to the
Funds and other entities, to forward deducted dues to the Union, and to furnish
monthly statements of employees’ hours from which the amount of contributions and

dues owed to the Fund and the Union may be computed. The Agreement authorizes
the Union and trustees to conduct an audit, absent which plaintiffs will be unable to
determine the full amount owed to them. Plaintiffs now move for an order to compel
accounting from the period of November 23, 2010 to date.
Plaintiffs submit the affidavit of Juli Laramie, controller for the funds.

Ms.

Laramie states that, on November 23, 2010, defendant executed an agreement to be
bound by the 2008-2013 collective bargaining agreement with the Union. Pl. Ex. 1
[Doc. #5-2] and Pl. Ex. 2 [Doc #5-3]. The collective bargaining agreement requires
Commercial Drywall pay fringe benefit contributions, submit monthly reports showing
hours worked by covered employees, and pay liquidated damages and interest on
delinquent contributions as well as the Fund’s attorneys’ fees and court costs. The
agreement authorizes the Funds to audit the employer’s records.
Rule 55(b)(2)(A) of the Federal Rules of Civil Procedure allows a court to enter
an order compelling an accounting when necessary to enter or effectuate a judgment.
In the present case, the plaintiffs cannot determine the full amount of unpaid
contributions and liquidated damages that are owed to them without conducting an
audit of the defendant’s books and records for the period from November 23, 2010
through present. The information obtained through the audit is necessary to enable
the Court to enter judgment in the correct amount and, therefore, the plaintiffs’ motion
will be granted.
Accordingly,
IT IS HEREBY ORDERED that plaintiffs’ motion for a default order to compel
an accounting [Doc. #5] is granted.

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IT IS FURTHER ORDERED that, not later than September 25, 2012
defendant, Commercial Drywall Construction, LLC, shall produce for inspection by
plaintiffs all books, ledgers, payroll records, cash disbursement ledgers, bank
statements and other documents reflecting or pertaining to all hours worked by and
wages paid to employees of Commercial Drywall Construction, LLC, for the period
beginning November 23, 2010, through present.
IT IS FURTHER ORDERED that the Clerk of the Court shall send a copy of this
order to defendant, Commercial Drywall Construction, LLC, by regular and certified
mail, at the following address:
Commercial Drywall Construction, LLC
5920 Thomas Estates Drive
Hillsboro, Missouri 63050

___________________________
CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
Dated this 28th day of August, 2012.

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