Carpenters' District Council Of Greater St. Louis and Vicinity et al v. Blattel

Filing 9

ORDER IT IS HEREBY ORDERED that plaintiffs' motion for default judgment is GRANTED. [Doc. 6 ] IT IS FURTHER ORDERED, ADJUDGED and DECREED that judgment by default is entered in favor of plaintiffs and against defendant James Blattel, d/b/a Blattel Construction Co., in the amount of Fifty Thousand Sixty-Seven Dollars and Seventeen Cents ($50,067.17). SO ORDERED. Signed by District Judge Charles A. Shaw on 10/25/13. (KXS)

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, DAVE MARXKORS, 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,
v.
JAMES BLATTEL, an individual, d/b/a
BLATTEL CONSTRUCTION CO.,

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No. 4:13-CV-1557 CAS

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Defendant.

JUDGMENT
Plaintiffs filed this action on August 12, 2013 to recover from defendant James Blattel, d/b/a
Blattel Construction Co., delinquent fringe benefit contributions, liquidated damages and interest
owed to the plaintiff benefit funds pursuant to the Employee Retirement Income Security Act, 29
U.S.C. § 1132(g)(2) ("ERISA") and pursuant to the Labor Management Relations Act, 29 U.S.C.
§ 185 ("LMRA"). Plaintiffs also seek an award of their attorneys’ fees and costs. Defendant has
not appeared, and plaintiffs move for default judgment, submitting in support of their motion the
affidavits of Juli Laramie and Greg A. Campbell.
Under ERISA, 29 U.S.C. § 1132(g)(2) and §1145, and under the applicable collective
bargaining agreement, defendant James Blattel owes $39,874.66 in delinquent fringe benefit
contributions, $7,974.93 in liquidated damages and $1,304.40 in interest. The collective bargaining
agreements and ERISA, 29 U.S.C. § 1132(g)(2), also require defendants to pay plaintiffs' attorneys'
fees and costs. Plaintiffs incurred $414.00 in attorneys' fees, and $499.18 in court costs. 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 by defendant to
plaintiffs is $50,067.17.
Accordingly,
IT IS HEREBY ORDERED that plaintiffs' motion for default judgment is GRANTED.
[Doc. 6]

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IT IS FURTHER ORDERED, ADJUDGED and DECREED that judgment by default is
entered in favor of plaintiffs and against defendant James Blattel, d/b/a Blattel Construction Co., in
the amount of Fifty Thousand Sixty-Seven Dollars and Seventeen Cents ($50,067.17).
SO ORDERED:

____________________________________
CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE
Dated this 25th day of October, 2013.

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