O'Laughlin et al v. Quality Heating & Air Conditioning, Inc.

Filing 8

ORDER: IT IS HEREBY ORDERED that plaintiffs' motion for default order to compel an accounting is GRANTED. [Doc. 6 ] IT IS FURTHER ORDERED that defendant Quality Heating & Air Conditioning, Inc., shall provide to plaintiffs within thirty (30) da ys of the date of this Order all of its books, ledgers, payroll records, cash disbursements ledgers, bank statements and other documents reflecting or pertaining to all hours worked by and wages paid to defendant's employees from July 7, 201 1 to the present. IT IS FURTHER ORDERED that the Clerk of the Court shall mail a copy of this Order to Quality Heating & Air Conditioning, Inc. at the following address: Quality Heating & Air Conditioning, Inc. Attn: Kevin Kraemer, Registered Agent 6141 Etzel Avenue St. Louis, MO 63133. IT IS FURTHER ORDERED that plaintiffs shall file within sixty (60) days of the date of this Order a status report regarding the progress of the accounting of defendant's books and records. Status Report due by 10/2/2015. Signed by District Judge Charles A. Shaw on 8/3/15. (JWD)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

MIKE O’LAUGHLIN, et al.,
Plaintiffs,
v.
QUALITY HEATING & AIR
CONDITIONING, INC.,
Defendant.

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No. 4:15-CV-378 CAS

ORDER
This matter is before the Court on plaintiffs’ motion for default order to compel an
accounting. Plaintiffs filed this action pursuant to the Employee Retirement Income Security Act,
29 U.S.C. § 1132 (“ERISA”) and pursuant to the Labor Management Relations Act, 29 U.S.C. § 185
(“LMRA”) seeking delinquent contributions to the Plumbers and Pipefitters Local 562 employee
benefit funds. On March 6, 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 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.
Defendant has failed to submit its reports or contributions when due. Additionally, the collective
bargaining agreement entitles the Plumbers and Pipefitters Funds to conduct an audit of an
employers’ records to determine if the required contributions have been made. See Murphy Aff.,
¶ 5.

Plaintiffs move for an order compelling defendant to submit its business books and records
related to defendant’s employees’ compensation and benefits from the period July 7, 2011to the
present. Plaintiffs ask the Court to reserve judgment on defendant’s unpaid benefits from July 7,
2011 to the present until a full and complete accounting of defendant’s books and records has been
completed.
The Court will grant plaintiffs’ motion for an order compelling defendant to submit to an
accounting so that plaintiffs can determine the amounts owed from July 7, 2011 to date. The Court
will order plaintiffs to file within sixty days (60) of the date of this Order a status report regarding
the progress of the financial examination of defendant’s records.
Accordingly,
IT IS HEREBY ORDERED that plaintiffs’ motion for default order to compel an
accounting is GRANTED. [Doc. 6]
IT IS FURTHER ORDERED that defendant Quality Heating & Air Conditioning, Inc.,
shall provide to plaintiffs within thirty (30) days of the date of this Order all of its books, ledgers,
payroll records, cash disbursements ledgers, bank statements and other documents reflecting or
pertaining to all hours worked by and wages paid to defendant’s employees from July 7, 2011 to the
present.
IT IS FURTHER ORDERED that the Clerk of the Court shall mail a copy of this Order
to Quality Heating & Air Conditioning, Inc. at the following address:
Quality Heating & Air Conditioning, Inc.
Attn: Kevin Kraemer, Registered Agent
6141 Etzel Avenue
St. Louis, MO 63133

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IT IS FURTHER ORDERED that plaintiffs shall file within sixty (60) days of the date of
this Order a status report regarding the progress of the accounting of defendant’s books and records.

CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE

Dated this

3rd

day of August, 2015.

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