Carpenters' District Council Of Greater St. Louis and Vicinity et al v. Neier Services Company, Inc. d/b/a Pro-Services
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 Neier Services Company, d/b/a Pro-Services, in the amount of Thirty-Three Thousand Nine Hundred Twenty- Five Dollars and Seventy-Four Cents ($33,925.74). 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.
NEIER SERVICES COMPANY, INC. d/b/a
PRO-SERVICES,
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
No. 4:13-CV-1603 CAS
a Missouri corporation,
)
)
)
Defendant.
JUDGMENT
Plaintiffs filed this action on August 16, 2013 to recover from defendant Neier Services
Company, d/b/a Pro-Services, 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 Neier Services Company, d/b/a Pro-Services, owes $26,573.97 in
delinquent fringe benefit contributions, $5,314.79 in liquidated damages and $1,123.08 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 $459.00 in attorneys' fees, and
$454.90 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 $33,925.74.
Accordingly,
IT IS HEREBY ORDERED that plaintiffs' motion for default judgment is GRANTED.
[Doc. 6]
2
IT IS FURTHER ORDERED, ADJUDGED and DECREED that judgment by default is
entered in favor of plaintiffs and against defendant Neier Services Company, d/b/a Pro-Services, in
the amount of Thirty-Three Thousand Nine Hundred Twenty-Five Dollars and Seventy-Four Cents
($33,925.74).
SO ORDERED:
____________________________________
CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE
Dated this 25th day of October, 2013.
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?