Employers & Cement Masons #90 Health & Welfare Fund et al v. JMY Plastering Specialist, LLC

Filing 9

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion for Order for Production Against Defendant JMY Plastering Specialist, LLC, Doc. 8 , is GRANTED. IT IS FURTHER ORDERED that Defendant JMY Plastering Specialist, LLC shall subm it to Plaintiffs all outstanding fringe benefit remittance reports for the period of April 2021 through April 2022 within fourteen (14) days of the date of this Memorandum and Order, in care of: James R. Kimmey, Kavanagh & OHara LLP, 101 W. Vanda lia St., Suite 245, Edwardsville, Illinois 62025. IT IS FINALLY ORDERED that Plaintiffs shall provide a copy of this Memorandum and Order to Defendant via mail and also may provide it by any other means they deem appropriate. Plaintiffs shall file proof of same. Signed by District Judge Matthew T. Schelp on 5/10/2022. (TMT)

Case: 4:22-cv-00241-MTS Doc. #: 9 Filed: 05/10/22 Page: 1 of 2 PageID #: 43

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
EMPLOYERS & CEMENT MASONS #90
HEALTH AND WELFARE FUND, et al.,
Plaintiffs,
vs.
JMY PLASTERING SPECIALIST, LLC,
Defendant.

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Case No. 4:22-cv-00241-MTS

MEMORANDUM AND ORDER
Before the Court is Plaintiffs’ Motion for Order for Production Against Defendant JMY
Plastering Specialist, LLC, Doc. [8]. The Clerk of Court has entered default as to Defendant.
Doc. [7]. The Court will grant the Motion largely for the reasons stated in the Motion and the
well-pleaded allegations in Plaintiffs’ Complaint, see Marshall v. Baggett, 616 F.3d 849, 852
(8th Cir. 2010); see also Fed. R. Civ. P. 8(b)(6).
Accordingly,
IT IS HEREBY ORDERED that Plaintiffs’ Motion for Order for Production Against
Defendant JMY Plastering Specialist, LLC, Doc. [8], is GRANTED.
IT IS FURTHER ORDERED that Defendant JMY Plastering Specialist, LLC shall
submit to Plaintiffs all outstanding fringe benefit remittance reports for the period of April 2021
through April 2022 within fourteen (14) days of the date of this Memorandum and Order, in care
of: James R. Kimmey, Kavanagh & O’Hara LLP, 101 W. Vandalia St., Suite 245, Edwardsville,
Illinois 62025.

Case: 4:22-cv-00241-MTS Doc. #: 9 Filed: 05/10/22 Page: 2 of 2 PageID #: 44

IT IS FINALLY ORDERED that Plaintiffs shall provide a copy of this Memorandum
and Order to Defendant via mail and also may provide it by any other means they deem
appropriate. Plaintiffs shall file proof of same.
Dated this 10th day of May, 2022.

MATTHEW T. SCHELP
UNITED STATES DISTRICT JUDGE

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