Employers & Cement Masons #90 Health & Welfare Fund et al v. Ehret, Inc.

Filing 17

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs motion for default judgment is GRANTED. Doc. # 14 An appropriate Judgment showing Defendants full liability of $30,469.05 for the periods set forth above shall accompany this Memorandum and Order. Signed by District Judge Audrey G. Fleissig on 3/26/2014. (RAK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
EMPLOYERS & CEMENT MASONS #90 )
HEALTH & WELFARE FUND, et al.,
)
)
Plaintiffs,
)
)
vs.
)
)
EHRET, INC.,
)
)
Defendant.
)

Case No. 4:13CV01678 AGF

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiffs’ motion for default judgment against
Defendant Ehret, Inc. Plaintiffs filed this action on August 26, 2013, under the Employee
Retirement Income Security Act, 29 U.S.C. §§ 1132. The complaint alleges that
Defendant failed to fully pay several employee benefit funds the contributions due under
the collective bargaining agreement with Defendant’s employees’ union. Plaintiffs are
the union and the trustees of the various funds.
On January 7, 2014, the Clerk of Court entered an order of default against
Defendant. In their motion for default judgement, Plaintiffs sought judgment against
Defendant in the amount of $10,343.51 for delinquent fringe benefit contributions for the
months of August and September 2012; contractual late fees in the amount of $3,951.36;
pre-judgment interest in the amount of $7,749.43 for the period of September 2012 to
January 2014; post-judgment interest; and attorneys’ fees and expenses incurred in
connection with this action in the amount of $8,424.75. Plaintiffs provided
documentation, including remittance reports and affidavits, supporting their assertion that

they are entitled to these amounts. Additionally, Plaintiffs requested the Court to grant
them leave to amend their motion for default judgment to include additional contribution
amounts that may be due, as well as liquidated damages, interest, and additional
attorneys’ fees and costs.
On January 23, 2014, the Court ordered Defendant to submit all outstanding
remittance reports to Plaintiffs within 21 days. The Court also granted Plaintiffs 21
additional days to amend their motion for default judgment to reflect additional amounts
that may be due as evidenced by Defendant’s outstanding remittance reports, as well as
late fees, interest, and additional attorneys’ fees and expenses. The Court noted that
Plaintiffs’ failure to amend their motion for default judgment in the allotted time frame
would result in an entry of judgment for Plaintiffs in the amounts previously set forth in
their motion. Plaintiffs subsequently failed to amend their motion within the allowed
time frame, or to seek an extension to do so.
Upon review of the record,
IT IS HEREBY ORDERED that Plaintiffs’ motion for default judgment is
GRANTED. [Doc. #14]
An appropriate Judgment showing Defendant’s full liability of $30,469.05 for
the periods set forth above shall accompany this Memorandum and Order.

________________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 26th day of March, 2014.

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