Painters District Council No. 58 et al v. Joseph Construction, Inc. et al

Filing 12

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that plaintiffs' motion to compel an accounting [Doc. # 11 ] is granted. IT IS FURTHER ORDERED that, not later than October 14, 2016, defendants Joseph Construction, Inc., and Ricky L. Roach 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 Joseph Construction, Inc., for the period beginning September 1, 2015, through present. IT IS FURTHER ORDERED that the Clerk of the Court shall mail a copy of this order to defendant Joseph Construction, Inc., at the following address: Joseph Construction, Inc. 5118 Deerfield C ircle Drive St. Louis, MO 63128 IT IS FURTHER ORDERED that the Clerk of Court shall mail a copy of this order to defendant Ricky L. Roach at the following address: Ricky L. Roach 5118 Deerfield Circle Drive St. Louis, MO 63128 (Order mailed to both parties). Signed by District Judge Carol E. Jackson on 9/8/16. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
PAINTERS DISTRICT COUNCIL NO. 58,
et al.,
Plaintiffs,
vs.
JOSEPH CONSTRUCTION, et al.,
Defendants.

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Case No. 4:16-CV-851 (CEJ)

MEMORANDUM AND ORDER
This matter is before the Court on plaintiffs’ motion to compel an accounting
following entries of default against defendants Joseph Construction, Inc., and Ricky
L. Roach. Defendants were served with summonses and a copy of the complaint on
June 18, 2016, and have not filed answers or otherwise appeared in this matter. On
July 28, 2016, the Clerk of Court entered default against defendants.
Plaintiffs bring this action to collect delinquent fringe benefit contributions
pursuant to Section 301 of the Labor Management Relations Act of 1974, as
amended, 29 U.S.C. § 185, and Section 502 of the Employee Retirement Income
Security Act of 1974, as amended, 29 U.S.C. § 1132.

Plaintiffs are the Painters

District Council No. 58 (the Union) and four employee benefit plans (the Pension,
Welfare, Vacation, and Apprenticeship Trusts and their trustees (collectively, the
Funds). According to the complaint, defendant Joseph Construction Co., is bound by
a collective bargaining agreement with the Union and is obligated to make
contributions to the Funds, file monthly contribution reports, and remit dues
payments. In addition, on September 1, 2015, defendant Ricky L. Roach executed a

personal guaranty for the payment of wages, dues and contributions, as the
organizer and principal of Joseph Construction. Plaintiffs allege that defendants
have failed to submit reports and make contributions to the Funds. Plaintiffs now
move for an order to compel an accounting for the period from September 1, 2015
through the present date.
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, the plaintiffs cannot determine the full amount of
unpaid contributions and liquidated damages that are owed to them without
conducting an audit of the defendants’ books and records for the period from
September 1, 2015 through the present.

The information obtained through the

audit is necessary to enable the Court to enter judgment in the correct amount and,
therefore, the plaintiffs’ motion will be granted.
Accordingly,
IT IS HEREBY ORDERED that plaintiffs’ motion to compel an accounting
[Doc. #11] is granted.
IT IS FURTHER ORDERED that, not later than October 14, 2016,
defendants Joseph Construction, Inc., and Ricky L. Roach 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 Joseph Construction, Inc., for the period
beginning September 1, 2015, through present.
IT IS FURTHER ORDERED that the Clerk of the Court shall mail a copy of
this order to defendant Joseph Construction, Inc., at the following address:

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Joseph Construction, Inc.
5118 Deerfield Circle Drive
St. Louis, MO 63128
IT IS FURTHER ORDERED that the Clerk of Court shall mail a copy of this
order to defendant Ricky L. Roach at the following address:
Ricky L. Roach
5118 Deerfield Circle Drive
St. Louis, MO 63128

___________________________
CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
Dated this 8th day of September, 2016.

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