Greater St. Louis Construction Laborers Welfare Fund et al v. J L Brown Contracting Service, Inc.

Filing 13

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs motion for a default order to compel an accounting [Doc. #6] is granted. IT IS FURTHER ORDERED that, not later than November 6, 2015, defendant J L Brown Contracting Service, Inc., shall p roduce for inspection by plaintiffs all books, ledgers, payroll records, cash disbursement ledgers, bank statements and other documents reflecting or pertaining to all hours worked by and wages paid to employees of J L Brown Contracting Service, Inc ., for the period beginning March 1, 2014, through the present. IT IS FURTHER ORDERED that the Clerk of the Court shall mail a copy of this order to defendant at the following address: J L Brown Contracting Service, Inc. 5151 North Hanley Road St. Louis, MO 63134 (copy of order mailed to J L Brown Contracting Service, Inc.) Signed by District Judge Carol E. Jackson on 10/6/2015. (KMS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
GREATER ST. LOUIS CONSTRUCTION
LABORERS WELFARE FUND, et al.,
Plaintiffs,
vs.
J L BROWN CONTRACTING SERVICE,
INC.,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

Case No. 4:15-CV-960-CEJ

MEMORANDUM AND ORDER
This matter is before the Court on plaintiffs’ motion to compel an accounting
following an entry of default against defendant J L Brown Contracting Service, Inc.
Service was achieved on defendant on June 30, 2015. Under Rule 12(a)(1)(A)(i),
Fed. R. Civ. P., defendant was required to file an answer or other responsive
pleading within twenty-one days of being served with the complaint.

Because

defendant failed to do so, the Clerk of Court entered default against it on August
17, 2015.
Plaintiffs bring this action to collect delinquent fringe benefit contributions
pursuant to Section 301 of the Labor Management Relations Act of 1974 (LMRA), as
amended, 29 U.S.C. § 185, and pursuant to Section 502 of the Employee
Retirement Income Security Act of 1974 (ERISA), as amended, 29 U.S.C. § 1132.
Plaintiffs are four employee benefit plans (the Pension, Welfare, Vacation, and
Training funds), their trustees (collectively, the plans), and Local Union Nos. 42 and
110 of the Laborers International Union of North America (the Union). Defendant
J L Brown Contracting Service, Inc. is an employer in an industry affecting

commerce within the meaning of the LMRA and ERISA.

According to plaintiffs,

defendant failed to make timely and full contributions to the plans as required
under the terms of two collective bargaining agreements.

Plaintiffs move for an

order to compel a payroll examination for the period of March 1, 2014, to the
present.
Rule 55(b)(2)(A) of the Federal Rules of Civil Procedure allows a court to
enter an order compelling an accounting when necessary to enter or effectuate a
judgment.

In the present case, plaintiffs cannot determine the full amount of

unpaid contributions and liquidated damages that are owed to them without
conducting an audit of defendant’s books and records for the period from March 1,
2014, through the present.

The information obtained through the audit is

necessary to enable the Court to enter judgment in the correct amount and,
therefore, plaintiffs’ motion will be granted.
Accordingly,
IT IS HEREBY ORDERED that plaintiffs’ motion for a default order to
compel an accounting [Doc. #6] is granted.
IT IS FURTHER ORDERED that, not later than November 6, 2015,
defendant J L Brown Contracting Service, Inc., shall produce for inspection by
plaintiffs all books, ledgers, payroll records, cash disbursement ledgers, bank
statements and other documents reflecting or pertaining to all hours worked by and
wages paid to employees of J L Brown Contracting Service, Inc., for the period
beginning March 1, 2014, through the present.
IT IS FURTHER ORDERED that the Clerk of the Court shall mail a copy of
this order to defendant at the following address:

2

J L Brown Contracting Service, Inc.
5151 North Hanley Road
St. Louis, MO 63134

CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
Dated this 6th day of October, 2015.

3