St. Louis - Kansas City Carpenters Regional Council et al v. UNK Flooring, LLC,

Filing 11

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiffs' motion for an Order compelling an accounting (Doc. No. 6 ) is GRANTED. IT IS FURTHER ORDERED that Defendant shall submit its payroll registers and otherdocuments needed to perform an audit for the period of January 1, 2015 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 Defen dant 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 promptl y 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 March 1, 2018, Plaintiffs shall file a status report with the Court on or before that date. ( Status Report due by 3/1/2018.). Signed by District Judge John A. Ross on 1/2/18. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ST. LOUIS - KANSAS CITY CARPENTERS
REGIONAL COUNCIL, et al.,

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) Case No. 4:17-cv-01661-JAR

Plaintiffs,

vs.

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UNK FLOORING, LLC,

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Defendant.

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiffs’ motion (Doc. No. 6) for an order compelling
Defendant to account to Plaintiffs, by means of an audit, for all amounts owing to Plaintiffs from
January 1, 2015 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
November 14, 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 (Doc. No. 6) is GRANTED.

IT IS FURTHER ORDERED that Defendant shall submit its payroll registers and other
documents needed to perform an audit for the period of January 1, 2015 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
March 1, 2018, Plaintiffs shall file a status report with the Court on or before that date.

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JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

Dated this 2nd day of January, 2018.

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