Greater St. Louis Construction Laborers Welfare Fund et al v. Hollis Riggins Construction, Ltd.

Filing 9

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 21, 2016, defendant Hollis Riggins Construction, LTD., s hall 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 Hollis Riggins Constructio n, LTD., for the period beginning November 1, 2013, through the present. IT IS FURTHER ORDERED that the Clerk of the Court shall mail a copy of this order to defendant Hollis Riggins Construction, LTD., at the following address: Hollis Riggins Construction, LTD. 818 Lafayette Avenue St. Louis, MO 63104. Signed by District Judge Carol E. Jackson on 10/20/2016. (CLO)(Copy of order mailed)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
GREATER ST. LOUIS CONSTRUCTION
LABORERS WELFARE FUND, et al.,

)
)
)
Plaintiffs,
)
)
vs.
)
)
HOLLIS RIGGINS CONSTRUCTION, LTD., )
)
Defendant.
)

Case No. 4:16-CV-1257-CEJ

MEMORANDUM AND ORDER
This matter is before the Court on plaintiffs’ motion to compel an accounting
[Doc.

#6]

following

an

entry

of

default

against

defendant

Hollis

Riggins

Construction, LTD (Hollis Riggins). Service was achieved on defendant on August
4, 2016. 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 October 3, 2016.
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
Hollis Riggins is an employer in an industry affecting commerce within the meaning

of the LMRA and ERISA. According to the complaint, defendant was bound by the
provisions of two collective bargaining agreements with the plaintiff employee
benefit plans.

According to plaintiffs, defendant failed to make timely and full

contributions to the plans as required under the terms of the collective bargaining
agreement. Plaintiffs move for an order to compel defendant to submit to an audit
for the period of November 1, 2013, 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 November
1, 2013, 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.
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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 21, 2016,
defendant Hollis Riggins Construction, LTD., 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 Hollis Riggins Construction, LTD., for the period
beginning November 1, 2013, through the present.

IT IS FURTHER ORDERED that the Clerk of the Court shall mail a copy of
this order to defendant Hollis Riggins Construction, LTD., at the following address:
Hollis Riggins Construction, LTD.
818 Lafayette Avenue
St. Louis, MO 63104

CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
Dated this 20th day of October, 2016.