O'Laughlin et al v. Quality Heating & Air Conditioning, Inc.
DEFAULT JUDGMENT: IT IS HEREBY ORDERED that plaintiffs' motion for default judgment is GRANTED. [Doc. 16 ] IT IS FURTHER ORDERED that judgment by default is entered in favor of plaintiffs and against defendant Quality Heating & Air Conditioning, Inc. in the amount of Four Thousand Seven Hundred and Four Dollars and Eighteen Cents ($4,704.18). Signed by District Judge Charles A. Shaw on 5/26/16. (JWD)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
MIKE O’LAUGHLIN, JOHN O’MARA,
MARK COLLOM, MICHAEL J.
O’CONNELL III, MARK MORGAN, NEIL
G. HABERBERGER, JAMES MURPHY,
JOHN EILERMAN, WILLIAM J. COCOS,
and ROBERT C. MITCHELL, in their
representative capacities as trustees of the
Plumbers and Pipefitters Welfare Educational
Fund, the Plumbers and Pipefitters Pension
Fund, and the Plumbers and Pipefitters Local
562 Supplemental Pension Plan and Trust,
and PLUMBERS AND PIPEFITTERS
LOCAL 562, a labor organization,
QUALITY HEATING & AIR
No. 4:15-CV-378 CAS
This matter is before the Court on plaintiffs’ motion for default judgment. Plaintiffs filed
this action pursuant to the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §
1132, and pursuant to the Labor Management Relations Act (“LMRA”), 29 U.S.C. § 185,
seeking delinquent contributions owed by defendant to the Plumbers and Pipefitters Local 562
employee benefit funds.
On March 2, 2015, defendant was served with the summons and complaint. Defendant
has not appeared, and on April 23, 2015, the Clerk of Court entered default against defendant.
Plaintiffs move the Court for entry of default judgment against defendant. In support of their
motion, plaintiffs submit affidavits of Mark Collom, the Executive Director of the Plumbers and
Pipefitters Welfare Educational Fund and the Plumbers and Pipefitters Pension Fund; John
Massa, an accountant with the firm RSM US LLP; and Michael A. Evans, plaintiffs’ attorney.
Plaintiffs have established that defendant is bound by a collective bargaining agreement
with Plumbers and Pipefitters Local 562.
This collective bargaining agreement requires
defendant to pay contributions to the Plumbers and Pipefitters Funds and to file monthly
contribution report forms.
The collective bargaining agreement also requires delinquent
employers to pay twenty percent liquidated damages and seven percent interest. The agreement
also requires delinquent employers to pay the plaintiffs’ court costs and attorneys’ fees.
Based on the affidavit of Mr. Massa, the audit of defendant’s books for the period of
September 1, 2014 through September 30, 2015 showed defendant owes $1,934.30 in unpaid
contributions and $386.86 in liquidated damages. These amounts were calculated by multiplying
the 72.5 unreported hours on the audit by the $26.68 fringe benefit contribution rate.
Plaintiffs also submitted the affidavit of their attorney Michael A. Evans. Mr. Evans
states that he performed 5.34 hours of service on this matter at a rate of $215/hour. Plaintiffs
incurred $1,161.56 for legal services and $473.46 in costs.
Plaintiffs were also charged
accounting fees of $748.00. Based on the evidence presented, the Court finds that the services
performed by plaintiffs’ attorneys and accountants 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 for unpaid contributions, liquidated damages, attorneys’ fees and
costs, and accountant fees by defendant to plaintiffs is $4,704.18.
IT IS HEREBY ORDERED that plaintiffs’ motion for default judgment is GRANTED.
IT IS FURTHER ORDERED that judgment by default is entered in favor of plaintiffs
and against defendant Quality Heating & Air Conditioning, Inc. in the amount of Four Thousand
Seven Hundred and Four Dollars and Eighteen Cents ($4,704.18).
CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE
Dated this 26th day of May, 2016.
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