Painters District Council No. 2 et al v. Wynn et al

Filing 26

DEFAULT JUDGMENT IT IS HEREBY ORDERED that plaintiffs' motion for default judgment, as supplemented, is GRANTED. [Doc. 21 ] IT IS FURTHER ORDERED, ADJUDGED and DECREED that judgment by default is entered in favor of plaintiffs and against de fendants Mike Wynn, d/b/a Wynn Decorating, and Pamela Wynn, jointly and severally, in the total amount of Eight Thousand Four Hundred Eighteen Dollars and Twenty-Two Cents ($8,418.22), as and for delinquent benefit contributions, liquidated damages and interest for the period of December 1, 2012 through June 30, 2014, together with court costs, accounting fees and attorneys' fees. Signed by District Judge Charles A. Shaw on 1/5/15. (KXS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

PAINTERS DISTRICT COUNCIL NO. 2,
GREGG SMITH, in His Capacity as Business
Manager of PAINTERS DISTRICT COUNCIL NO. 2,
PAINTERS DISTRICT COUNCIL NO. 2 PENSION
TRUST, PAINTERS DISTRICT COUNCIL NO. 2
WELFARE TRUST, PAINTERS DISTRICT COUNCIL
NO. 2 VACATION TRUST, and PAINTERS DISTRICT
COUNCIL NO. 2 APPRENTICESHIP AND
JOURNEYMAN TRAINING TRUST, By and through
GREGG SMITH, DAVID DOERR, RICH LUCKS,
WILLIAM BOEVINGLOH, CARL FARRELL, DONALD
THOMAS, DANIEL WEINSTROER, MICHAEL SMITH,
DANIEL HANSON, STEVE PHILLIPP, JR., MARK
BORGMANN, MICHAEL SLATTERY, JOSEPH KEIPP,
IM WEIS and FRED PHILLIP JR., in Their Representative
Capacities as Trustees of the PAINTERS DISTRICT
COUNCIL NO. 2 PENSION, WELFARE, VACATION
and APPRENTICESHIP AND JOURNEYMAN
TRAINING TRUSTS,
Plaintiffs,
v.
MIKE WYNN d/b/a WYNN DECORATING,
and PAMELA WYNN,
Defendants.

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No. 4:13-CV-1995 CAS

DEFAULT JUDGMENT
This matter is before the Court on plaintiffs’ motion for default judgment against
defendants Mike Wynn d/b/a Wynn Decorating and Pamela Wynn (hereinafter collectively
referred to as “Defendants”), as supplemented by Document 25. Plaintiffs filed this action on
October 7, 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 accounting and to fully pay several employee benefit funds and

contributions due under the collective bargaining agreement between defendant Mike Wynn,
d/b/a Wynn Decorating, and his employees’ union, and that defendant Pamela Wynn has failed
to pay under the unconditional guaranty she executed of Mike Wynn, d/b/a Wynn Decorating’s
obligations to plaintiffs. Plaintiffs are the union and the trustees, sponsors and/or fiduciaries of
the various funds. In support of their motion, plaintiffs submit the affidavit of Charles Kinder,
Manager with Grabel, Schneiders, Hollman & Co., P.C., with an attached report of accounting,
and the affidavit of their attorney, James P. Faul. Plaintiffs have previously submitted the
applicable collective bargaining agreements, signature pages, contribution reports, and the
personal guaranty executed by defendant Pamela Wynn.
The Clerk of the Court issued a Clerk’s Entry of Default against the defendants pursuant
to Rule 55(a), Federal Rules of Civil Procedure, on December 5, 2013. [Doc. 8] On April 7,
2014, the Court granted plaintiffs’ motion for an Order compelling defendant Mike Wynn to
submit his books and records to plaintiffs for an accounting. [Doc. 14] Plaintiffs’ motion for
default judgment, as supplemented, asserts that Defendants owe $4,593.44 in delinquent fringe
benefit contributions for the period of December 1, 2012 through June 30, 2014, and $844.71 in
liquidated damages. The applicable collective bargaining agreement and ERISA, 29 U.S.C.
§ 1132(g)(2), require delinquent employers to pay plaintiffs’ attorneys’ fees, accounting fees
and costs. Plaintiffs incurred $2,396.16 for legal fees, $943.62 for accounting fees, and court
costs of $485.00. 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.

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Accordingly,
IT IS HEREBY ORDERED that plaintiffs’ motion for default judgment, as
supplemented, is GRANTED. [Doc. 21]
IT IS FURTHER ORDERED, ADJUDGED and DECREED that judgment by default
is entered in favor of plaintiffs and against defendants Mike Wynn, d/b/a Wynn Decorating, and
Pamela Wynn, jointly and severally, in the total amount of Eight Thousand Four Hundred
Eighteen Dollars and Twenty-Two Cents ($8,418.22), as and for delinquent benefit
contributions, liquidated damages and interest for the period of December 1, 2012 through June
30, 2014, together with court costs, accounting fees and attorneys’ fees.

__________________________________
CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE

Dated this 5th day of January, 2015.

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