Greater St. Louis Construction Laborers Welfare Fund et al v Rena's Enterprise, LLC
JUDGMENT. (See Full Document.) WHEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that judgment is entered by default in favor of plaintiffs against defendant Rena's Enterprise, LLC, d/b/a Rena's Final Cleaning Co., and plaintiffs shall recover from defendant the total of $8,465.17. WHEREFORE, IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that defendant shall submit to plaintiffs its reports and any contributions owed for the period of October 2015 to the date of this Judgment. Signed by District Judge Catherine D. Perry on 4/19/2017. (Certified Judgment sent to defendant at address used for service this date.) (CBL)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
GREATER ST. LOUIS CONSTRUCTION )
LABORERS WELFARE FUND, et al.,
RENA’S ENTERPRISE, LLC, d/b/a
Rena’s Final Cleaning Co.,
No. 4:17 CV 745 CDP
Plaintiffs filed this action to recover, inter alia, delinquent contributions and
liquidated damages allegedly owed by defendant Rena’s Enterprise, LLC, d/b/a
Rena’s Final Cleaning Co., to the plaintiff employee benefit funds pursuant to 29
U.S.C. §§ 185 and 1132. Plaintiffs also seek to recover attorneys’ fees, accounting
fees, and costs incurred in this action. Plaintiffs served the complaint and
summons on defendant on March 4, 2017. Defendant has not filed an answer or
any other responsive pleading.
Plaintiffs have established that defendant is party to successor collective
bargaining agreements with Laborers Local Unions 42-53-110. These agreements
require defendant to submit contributions to the Laborers Funds, and authorize
plaintiffs to examine the financial records of defendant to ascertain whether the
required contributions were made. The agreements provide for liquidated damages
on contributions not paid timely.
Based on a payroll examination covering the period of October 5, 2011
through September 30, 2012, defendant owes plaintiffs $3,777.58 in unpaid
contributions, $816.96 in liquidated damages, and $129.43 in interest through
August 31, 2014. Defendant also owes an additional $879.37 in liquidated
damages for untimely contributions for the months of January and February 2013;
February, March, April, May, June, July, August, November, and December 2014;
and February 2015. Defendant has not submitted its reports or contributions for
the months of October 2015 to the present. Additionally, the collective bargaining
agreements and ERISA, 29 U.S.C. § 1132(g)(2), require defendant to pay
plaintiffs’ attorneys’ fees, accounting fees, and costs. Plaintiffs incurred $1,160.00
in payroll examination fees, $1,144.50 in attorneys’ fees, and $557.33 in costs.
Based on the evidence presented, the Court finds that the services performed by
plaintiffs’ accountants and attorneys were reasonable and necessary to the
litigation of this case, that the rates charged were reasonable, and that the amount
sought for attorneys’ fees is reasonable.
The total amount owed by defendant to plaintiffs during this time period is
WHEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND
DECREED that judgment is entered by default in favor of plaintiffs against
defendant Rena’s Enterprise, LLC, d/b/a Rena’s Final Cleaning Co., and plaintiffs
shall recover from defendant the total of $8,465.17.
WHEREFORE, IT IS FURTHER ORDERED, ADJUDGED, AND
DECREED that defendant shall submit to plaintiffs its reports and any
contributions owed for the period of October 2015 to the date of this Judgment.
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 19th day of April, 2017.
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