Painters District Council No. 2 et al v. KLA Painting, LLC et al

Filing 23

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion for Full Default Judgment against the remaining Defendant KLA Painting, LLC is GRANTED, in the amount of $16,328.70 with post judgment interest accruing.. Signed by District Judge Rodney W. Sippel on 3/25/14. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

PAINTERS DISTRICT COUNCIL
NO. 2, et al.
Plaintiffs,
vs.
KLA PAINTING, LLC, et al.
Defendants.

)
)
)
)
)
)
)
)
)
)

Cause No. 4:13-cv-00968 RWS

MEMORANDUM AND ORDER FOR FULL DEFAULT JUDGMENT

This matter is before the Court on Plaintiffs' Motion for Partial Default Judgment against
Defendants KLA Painting, LLC, and Kevin Ar-Razzaaq, (hereinafter "Defendants"). Plaintiffs
filed this action on May 21, 2013, under the Employee Retirement Income Security Act, 29 U.S.C.
§§ 1132 and 1145, and the Labor Management Relations Act, 29 U.S.C. § 185. The complaint
alleges Defendants have failed to make an accounting and to fully pay several employee benefit
funds and contributions due under the collective bargaining agreement between Defendants and
its employees' union. Plaintiffs are the union and the trustees, sponsors, and/or fiduciaries of the
various funds.
The Clerk of Court entered an order of default against the Defendants on June 21, 2013.
[Doc. #8]. Plaintiffs have since dismissed the cause of action asserted against Kevin Ar-Razzaaq
in his personal capacity. [Doc. #20].
When the Clerk of Court has entered default against a defendant, the "allegations of the
complaint except as to the amount of damages are taken as true." Mueller v. Jones, No. 2:08CV16
JCH, 2009 WL 500837, at *l n.2 (E.D. Mo. Feb. 27, 2009) (quoting Brown v. Kenron Aluminum
& Glass Coro., 477 F.2d 526, 531 (8th Cir. 1973)). Accordingly, in deciding the present motion

for default judgment, the Court accepts as true the factual allegations contained in Plaintiffs'
Complaint together with those affidavits presented in the Plaintiffs' Motion and Memorandum in
Support.
Based on those allegations and accompanying affidavits, Plaintiff are entitled to the relief
requested. Upon review of the record,
IT IS HEREBY ORDERED that Plaintiffs' Motion for Full Default Judgment against the

remaining Defendant KLA Painting, LLC is GRANTED, in the amount of $16,328.70 with post
judgment interest accruing.

;f)z

Dated

this~5 day of March, 2014.