BAC Local Union 15 Pension Fund et al v. Louis Haskell Britton, Jr. et al
Filing
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DEFAULT JUDGMENT in favor of BAC Local Union 15 Apprenticeship and Training Fund, BAC Local Union 15 Pension Fund, BAC Local Union 15 Welfare Fund, Bricklayers and Trowel Trades International Pension Fund, International Masonry Institute, Erica D. Jenkins, James Boland, Joseph E Pink, Matthew Aquiline, Steve Mullen against Loyd Britton d/b/a Midland Masonry Contractors, Inc. Signed on 7/25/2012 by District Judge Brian C. Wimes. (Baldwin, Joella)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
BAC LOCAL UNION 15
PENSION FUND, et al.,
Plaintiffs,
v.
LOUIS HASKELL
BRITTON, JR., et al.,
Defendants.
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Case No. 4:11-CV-01183-BCW
JUDGMENT
Before the Court is Plaintiffs’ Motion for Judgment By Default on Loyd Britton
d/b/a Midland Masonry Contractors, Inc. By the Court (Doc. #12). Plaintiffs seek a
default judgment pursuant to Fed. R. Civ. P. 55. On July 25, 2012, an Entry of Default
was made with respect to Defendant Loyd Britton d/b/a Midland Masonry Contractors,
Inc. due to Defendant’s failure to appear or defend in this action (Doc. # 22). The Court
therefore finds that entry of default judgment is proper. The Court being duly advised of
the premises, and for good cause shown, grants said Motion. Accordingly, it is hereby
ORDERED that Plaintiffs’ Motion for Judgment By Default on Loyd Britton
d/b/a Midland Masonry Contractors, Inc. By the Court (Doc. #12) is GRANTED. It is
further
ORDERED that judgment by default is entered against Defendant Loyd Britton
d/b/a Midland Masonry Contractors, Inc., pursuant to Fed. R. Civ. P. 55, as follows:
COUNT I
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1.
That the plaintiff, BAC Local Union 15 Pension Fund, have and recover of
and from the Defendant, for the period January 1, 2009 through December 31, 2010, the
amount of
NINETEEN THOUSAND, TWO HUNDRED NINETY-NINE AND
DOLLARS in unpaid Pension Fund contributions,
FIFTY-NINE AND
39/100 ($19,299.39)
THREE THOUSAND EIGHT HUNDRED
87/100 ($3,859.87) DOLLARS as and for liquidated damages and
THOUSAND TWO HUNDRED TWO AND 71/100 ($1,202.71) DOLLARS representing
the unpaid contributions;
HUNDRED SEVENTY-TWO AND
total of
interest on
ONE THOUSAND, EIGHT HUNDRED SEVENTY-SEVEN AND
($1,877.52) DOLLARS representing reasonable attorneys' fees;
ONE
52/100
FIVE THOUSAND, FOUR
00/100 ($5,472.00) DOLLARS representing audit costs, for a
THIRTY-ONE THOUSAND, SEVEN HUNDRED ELEVEN AND
49/100 ($31,711.49)
DOLLARS; and their costs herein incurred and expended and that execution issue
therefore.
2.
That the plaintiff have and recover of and from the Defendant for the
period January 1, 2009 through December 31, 2010; the sum of
HUNDRED NINETY-FOUR AND
FOUR THOUSAND ONE
38/100 ($4,194.38) DOLLARS in unpaid Supplemental Plan
contributions due and owing to the Pension Fund,
EIGHT HUNDRED THIRTY-EIGHT AND
90/100 ($838.90) DOLLARS as and for liquidated damages and TWO HUNDRED FORTY AND
75/100 ($240.75) DOLLARS representing interest on the unpaid contributions; SIX HUNDRED
NINETY-ONE AND
72/100 ($691.72) DOLLARS representing reasonable attorneys' fees;
THOUSAND, SIXTEEN AND 00/100 ($2,016.00)
TWO
DOLLARS representing audit costs, for a total
of SEVEN THOUSAND, NINE HUNDRED EIGHTY-ONE AND 75/100 ($7,981.75) DOLLARS; and
their costs herein incurred and expended and that execution issue therefore.
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3.
Defendant is hereby ordered to permit an accounting of Defendant’s
business books, records, ledgers and other papers and documents pertaining to the
compensation paid to employees, hours worked by employees, monies withheld from
employees for taxes paid on account of employees and any additional records or
documents relevant to and of assistance in determining the total number of hours worked
and/or paid to employees within the jurisdiction of the collective bargaining agreements
and Trust Agreement for the period January 1, 2011, to date.
4.
That the plaintiff, BAC Local Union 15 Pension Fund, have and recover of
and from the Defendant a sum of money as unpaid fringe benefit contributions equal to
the number of hours found by said accounting to have been paid to employees covered by
said agreements from January 1, 2011, to date times the hourly amounts due under said
agreements and that the assessment of liquidated damages, attorneys' fees, audit costs,
interest, court costs and judgment for same be reserved until a full and complete
accounting of Defendant’s books and records has been completed and the specific total
amounts due and owing by Defendant to plaintiff for said period can be ascertained.
5.
That the Defendant specifically perform the provisions of the collective
bargaining agreements and Trust Agreements, present and future, relating to the reporting
and payment of fringe benefits contributions to the BAC Local Union 15 Pension Fund on
behalf of employees working under the collective bargaining agreements.
6.
That Defendant put up cash deposits in advance of work and/or enter into
an escrow arrangement with plaintiff or post a corporate bond guaranteeing performance
under the collective bargaining agreement and Trust Agreement.
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7.
That Defendant maintain records with respect to each employee sufficient
to determine the fringe benefits due or which may become due to such employees as
required by Section 209 of Employee Retirement Income Security Act of 1974, 29 U.S.C.
§ 1059.
COUNT II
1.
That the plaintiff, BAC Local Union 15 Welfare Fund, have and recover of
and from the Defendant for the period January 1, 2009 through December 31, 2010; the
sum of
TWENTY-FOUR
THOUSAND SIX HUNDRED EIGHTY-FIVE AND 90/100 ($24,685.90)
DOLLARS in unpaid fringe benefit contributions, FOUR THOUSAND NINE HUNDRED THIRTYSEVEN AND
18/100 ($4,937.18) DOLLARS as and for liquidated damages and
ONE
THOUSAND FOUR HUNDRED TWENTY-SEVEN AND 20/100 ($1,427.20) DOLLARS representing
interest on the unpaid contributions;
SIX HUNDRED NINETY-ONE AND
DOLLARS representing reasonable attorneys' fees;
TWO THOUSAND, SIXTEEN AND
($2,016.00) DOLLARS representing audit costs, for a total of
SEVEN HUNDRED FIFTY-EIGHT AND
72/100 ($691.72)
00/100
THIRTY-THREE THOUSAND,
00/100 ($33,758.00) DOLLARS; and their costs herein
incurred and expended and that execution issue therefore.
2.
Defendant is hereby ordered to permit an accounting of Defendant’s
business books, records, ledgers and other papers and documents pertaining to the
compensation paid to employees, hours worked by employees, monies withheld from
employees for taxes paid on account of employees and any additional records or
documents relevant to and of assistance in determining the total number of hours worked
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and/or paid to employees within the jurisdiction of the collective bargaining agreements
and Trust Agreement for the period January 1, 2011, to date.
3.
That the plaintiff, BAC Local Union 15 Welfare Fund, have and recover of
and from the Defendant a sum of money as unpaid fringe benefit contributions equal to
the number of hours found by said accounting to have been paid to employees covered by
said agreements from January 1, 2011, to date times the hourly amounts due under said
agreements and that the assessment of liquidated damages, attorneys' fees, audit costs,
interest, court costs and judgment for same be reserved until a full and complete
accounting of Defendant’s books and records has been completed and the specific total
amounts due and owing by Defendant to plaintiff for said period can be ascertained.
4.
That the Defendant specifically perform the provisions of the collective
bargaining agreements and Trust Agreements, present and future, relating to the reporting
and payment of fringe benefits contributions to the BAC Local Union 15 Welfare Fund on
behalf of employees working under the collective bargaining agreements.
5.
That Defendant put up cash deposits in advance of work and/or enter into
an escrow arrangement with plaintiff or post a corporate bond guaranteeing performance
under the collective bargaining agreement and Trust Agreement.
6.
That Defendant maintain records with respect to each employee sufficient
to determine the fringe benefits due or which may become due to such employees as
required by Section 209 of Employee Retirement Income Security Act of 1974, 29 U.S.C.
§ 1059.
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COUNT III
1.
That the plaintiff, BAC Local Union 15 Apprenticeship and Training Fund,
have and recover of and from the Defendant for the period January 1, 2009 through
December 31, 2010; the sum of
TWO THOUSAND ONE HUNDRED TWENTY-NINE AND
09/100 ($2,129.09) DOLLARS in unpaid fringe benefit contributions,
TWENTY-FIVE AND
FOUR HUNDRED
85/100 ($425.85) DOLLARS as and for liquidated damages and
HUNDRED TWENTY-THREE AND
ONE
26/100 ($123.26) DOLLARS representing interest on the
unpaid contributions; THIRTY-TWO AND 93/100 ($32.93) DOLLARS representing reasonable
attorneys' fees;
total of
NINETY-SIX AND
00/100 ($96.00) DOLLARS representing audit costs, for a
TWO THOUSAND, EIGHT HUNDRED SEVEN AND
13/100 ($2,807.13) DOLLARS; and
their costs herein incurred and expended and that execution issue therefore.
2.
Defendant is hereby ordered to permit an accounting of Defendant’s
business books, records, ledgers and other papers and documents pertaining to the
compensation paid to employees, hours worked by employees, monies withheld from
employees for taxes paid on account of employees and any additional records or
documents relevant to and of assistance in determining the total number of hours worked
and/or paid to employees within the jurisdiction of the collective bargaining agreements
and Trust Agreement for the period January 1, 2011, to date.
3.
That the plaintiff, BAC Local Union 15 Apprenticeship and Training Fund,
have and recover of and from the Defendant a sum of money as unpaid fringe benefit
contributions equal to the number of hours found by said accounting to have been paid to
employees covered by said agreements from January 1, 2011, to date times the hourly
amounts due under said agreements and that the assessment of liquidated damages,
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attorneys' fees, audit costs, interest, court costs and judgment for same be reserved until a
full and complete accounting of Defendant’s books and records has been completed and
the specific total amounts due and owing by Defendant to plaintiff for said period can be
ascertained.
4.
That the Defendant specifically perform the provisions of the collective
bargaining agreements and Trust Agreements, present and future, relating to the reporting
and payment of fringe benefits contributions to the BAC Local Union 15 Apprenticeship
and Training Fund on behalf of employees working under the collective bargaining
agreements.
5.
That Defendant put up cash deposits in advance of work and/or enter into
an escrow arrangement with plaintiff or post a corporate bond guaranteeing performance
under the collective bargaining agreement and Trust Agreement.
6.
That Defendant maintains records with respect to each employee sufficient
to determine the fringe benefits due or which may become due to such employees as
required by Section 209 of Employee Retirement Income Security Act of 1974, 29 U.S.C.
§ 1059.
COUNT IV
1.
That the plaintiff, Bricklayers and Trowel Trades International Pension
Fund, have and recover of and from the Defendant for the period January 1, 2009
through December 31, 2010; the sum of
AND
EIGHT THOUSAND ONE HUNDRED EIGHTY-EIGHT
73/100 ($8,188.73) DOLLARS in unpaid fringe benefit contributions, ONE THOUSAND,
SIX HUNDRED THIRTY-SEVEN
AND
80/100 ($1,637.80) DOLLARS as and for liquidated
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damages and
TWO THOUSAND, ONE HUNDRED FORTY-FIVE AND
91/100 ($2,145.91)
DOLLARS representing interest on the unpaid contributions; FOUR HUNDRED SEVENTY-NINE
AND
40/100 ($479.40) DOLLARS representing reasonable attorneys' fees;
SIXTY AND
NINE HUNDRED
00/100 ($960.00) DOLLARS representing audit costs, for a total of
THOUSAND, FOUR HUNDRED ELEVEN AND
THIRTEEN
84/100 ($13,411.84) DOLLARS; and their costs
herein incurred and expended and that execution issue therefore.
2.
Defendant is hereby ordered to permit an accounting of Defendant’s
business books, records, ledgers and other papers and documents pertaining to the
compensation paid to employees, hours worked by employees, monies withheld from
employees for taxes paid on account of employees and any additional records or
documents relevant to and of assistance in determining the total number of hours worked
and/or paid to employees within the jurisdiction of the collective bargaining agreements
and Trust Agreement for the period January 1, 2011, to date.
3.
That the plaintiff, Bricklayers and Trowel Trades International Pension
Fund, have and recover of and from the Defendant a sum of money as unpaid fringe
benefit contributions equal to the number of hours found by said accounting to have been
paid to employees covered by said agreements from January 1, 2011, to date times the
hourly amounts due under said agreements and that the assessment of liquidated
damages, attorneys' fees, audit costs, interest, court costs and judgment for same be
reserved until a full and complete accounting of Defendant’s books and records has been
completed and the specific total amounts due and owing by Defendant to plaintiff for said
period can be ascertained.
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4.
That the Defendant specifically perform the provisions of the collective
bargaining agreements and Trust Agreements, present and future, relating to the reporting
and payment of fringe benefits contributions to the Bricklayers and Trowel Trades
International Pension Fund on behalf of employees working under the collective
bargaining agreements.
5.
That Defendant put up cash deposits in advance of work and/or enter into
an escrow arrangement with plaintiff or post a corporate bond guaranteeing performance
under the collective bargaining agreement and Trust Agreement.
6.
That Defendant maintains records with respect to each employee sufficient
to determine the fringe benefits due or which may become due to such employees as
required by Section 209 of Employee Retirement Income Security Act of 1974, 29 U.S.C.
§ 1059.
COUNT V
1.
That the plaintiff, International Masonry Institute, have and recover of and
from the Defendant for the period January 1, 2009 through December 31, 2010; the sum
of
TWO THOUSAND ONE HUNDRED SIXTY-TWO AND 40/100 ($2,162.40) DOLLARS in unpaid
fringe benefit contributions, FOUR HUNDRED THIRTY-TWO AND 50/100 ($432.50) DOLLARS
as and for liquidated damages and
FIVE HUNDRED EIGHTY-THREE AND
23/100 ($583.23)
DOLLARS representing interest on the unpaid contributions; FOUR HUNDRED SEVENTY-NINE
AND
40/100 ($479.40) DOLLARS representing reasonable attorneys' fees;
SIXTY AND
NINE HUNDRED
00/100 ($960.00) DOLLARS representing audit costs, for a total of
THOUSAND, SIX HUNDRED SEVENTEEN AND
FOUR
53/100 ($4,617.53) DOLLARS; and their costs
-9-
herein incurred and expended and that execution issue therefore.
2.
Defendant is hereby ordered to permit an accounting of Defendant’s
business books, records, ledgers and other papers and documents pertaining to the
compensation paid to employees, hours worked by employees, monies withheld from
employees for taxes paid on account of employees and any additional records or
documents relevant to and of assistance in determining the total number of hours worked
and/or paid to employees within the jurisdiction of the collective bargaining agreements
and Trust Agreement for the period January 1, 2011, to date.
3.
That the plaintiff, International Masonry Institute, have and recover of and
from the Defendant a sum of money as unpaid fringe benefit contributions equal to the
number of hours found by said accounting to have been paid to employees covered by
said agreements from January 1, 2011, to date times the hourly amounts due under said
agreements and that the assessment of liquidated damages, attorneys' fees, audit costs,
interest, court costs and judgment for same be reserved until a full and complete
accounting of Defendant’s books and records has been completed and the specific total
amounts due and owing by Defendant to plaintiff for said period can be ascertained.
4.
That the Defendant specifically perform the provisions of the collective
bargaining agreements and Trust Agreements, present and future, relating to the reporting
and payment of fringe benefits contributions to the International Masonry Institute on
behalf of employees working under the collective bargaining agreements.
5.
That Defendant put up cash deposits in advance of work and/or enter into
an escrow arrangement with plaintiff or post a corporate bond guaranteeing performance
under the collective bargaining agreement and Trust Agreement.
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6.
That Defendant maintains records with respect to each employee sufficient
to determine the fringe benefits due or which may become due to such employees as
required by Section 209 of Employee Retirement Income Security Act of 1974, 29 U.S.C.
§ 1059.
IT IS SO ORDERED.
DATED: July 25, 2012
/s/ Brian C. Wimes
JUDGE BRIAN C. WIMES
UNITED STATES DISTRICT COURT
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