Iron Workers St. Louis District Council Annuity Trust et al v. Innovative Concrete, LLC

Filing 19

MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Plaintiffs' motion for default judgment is GRANTED. [Doc. # 18 ] An appropriate Judgment showing Defendants full liability of $5,847.30 for the periods set forth above shall accompany this Memorandum and Order. Signed by District Judge Audrey G. Fleissig on 7/23/2015. (NEB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
IRON WORKERS ST. LOUIS DISTRICT
COUNCIL ANNUITY TRUST, et al.,
Plaintiffs,
vs.
INNOVATIVE CONCRETE, LLC,
Defendant.

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) Case No. 4:14CV02066 AGF
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MEMORANDUM AND ORDER
This matter is before the Court on Plaintiffs’ motion for default judgment in the
amount of $5,847.30 against Defendant Innovative Concrete, LLC. Plaintiff filed this
action on December 17, 2014, under the Employee Retirement Income Security Act
(“ERISA”), 29 U.S.C. § 1132, to collect delinquent fringe benefit contributions. On
February 6, 2015, the Clerk of Court entered default against Defendant.
Defendant is required by the Iron Workers Local 396 collective bargaining
agreement to remit contributions to the Iron Workers St. Louis District Council Funds, to
remit monthly reports reflecting the hours worked by its employees, and to submit to an
audit of its books and records by Plaintiffs. The collective bargaining agreement also
requires Defendant to pay ten percent liquidated damages on delinquent contributions,
and in the event of suit, interest, attorney’s fees, and costs.
By Order dated February 11, 2015, the Court ordered Defendant to submit its
payroll registers and other documents needed to perform an audit, to an auditor of

Plaintiffs’ choice. In support of their motion for default judgment, Plaintiffs have now
provided documentation showing that for the period of June 1, 2014, through December
31, 2014, Defendant owes $2,331.19 in contributions, $233.12 in liquidated damages, and
$206.42 in interest. Plaintiffs have also provided documentation showing that in
connection with this action they have incurred attorneys’ fees of $2,000.00, court costs of
$466.57, and accounting costs of $610.00, for a total amount of $5,847.30.
Upon review of the record,
IT IS HEREBY ORDERED that Plaintiffs’ motion for default judgment is
GRANTED. [Doc. #18]
An appropriate Judgment showing Defendant’s full liability of $5,847.30 for
the periods set forth above shall accompany this Memorandum and Order. 

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AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 23rd day of July, 2015.

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