Greater St. Louis Construction Laborers Welfare Fund et al v. Zoie LLC

Filing 8

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiffs motion for an Order compelling an accounting is GRANTED. (Doc. No. 5 .) IT IS FURTHER ORDERED that Defendant shall submit its payroll registers and other documents needed to perform an aud it for the period of July 1, 2014 to the present, to an auditor of Plaintiffs choice, within 30 days of the date of this Memorandum and Order. Failure to comply with this Order may result in a finding of civil contempt against Defendant and the im position of sanctions, including a fine and/or incarceration. IT IS FURTHER ORDERED that Plaintiffs shall effect service of this Memorandum and Order on Defendant by whatever means they believe to be most effective, and shall promptly file a certifi cate of such service. IT IS FURTHER ORDERED that Plaintiffs shall have 14 days after completion of the audit to file a properly supported motion for default judgment. If said motion is not filed prior to May 1, 2017, Plaintiffs shall file a status report with the Court on or before that date. Signed by District Judge Audrey G. Fleissig on 03/13/2017. (KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
GREATER ST. LOUIS CONSTRUCTION
LABORERS WELFARE FUND, et al.,
Plaintiffs,
vs.
ZOIE LLC, d/b/a DANA HOWARD
CONSTRUCTION,
Defendant.

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) Case No. 4:17-cv-00219-AGF
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MEMORANDUM AND ORDER
This matter is before the Court on Plaintiffs’ motion (Doc. No. 5) for an order
compelling Defendant to account to Plaintiffs, by means of an audit, for all amounts
owing to Plaintiffs from July 1, 2014 to date, as a result of delinquent payments to
employee benefit funds governed by the Employee Retirement Income Security Act, 29
U.S.C. § 1001, et seq. (“ERISA”). On February 22, 2017, the Clerk of Court entered
default against Defendant. Plaintiffs now seek the audit so that they can determine the
amount of Defendant’s liability. Defendant has not responded to the motion.
Requiring an audit is an appropriate form of relief in an ERISA case for delinquent
benefits where the amount of the delinquency is not known. Int’l Painters & Allied
Trades Indus. Pension Fund v. R.W. Amrine Drywall Co., 239 F. Supp. 2d 26, 33 (D.D.C.
2002) (stating that an audit “promote[s] the legislative intent of ERISA”).
Accordingly,

IT IS HEREBY ORDERED that Plaintiffs’ motion for an Order compelling an
accounting is GRANTED. (Doc. No. 5.)
IT IS FURTHER ORDERED that Defendant shall submit its payroll registers
and other documents needed to perform an audit for the period of July 1, 2014 to the
present, to an auditor of Plaintiffs’ choice, within 30 days of the date of this
Memorandum and Order. Failure to comply with this Order may result in a finding of
civil contempt against Defendant and the imposition of sanctions, including a fine and/or
incarceration.
IT IS FURTHER ORDERED that Plaintiffs shall effect service of this
Memorandum and Order on Defendant by whatever means they believe to be most
effective, and shall promptly file a certificate of such service.
IT IS FURTHER ORDERED that Plaintiffs shall have 14 days after completion
of the audit to file a properly supported motion for default judgment. If said motion is
not filed prior to May 1, 2017, Plaintiffs shall file a status report with the Court on or
before that date.  

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AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

Dated this 13th day of March, 2017.

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