Construction Industry Laborers Pension Fund et al v. Custom Concrete Innovations, LLC

Filing 14

ORDER (1) GRANTING PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT, AND (2) ENTERING DEFAULT JUDGMENT AGAINST DEFENDANT. Signed on 12/19/16 by District Judge Ortrie D. Smith. (Order mailed to Custom Concrete Innovations, LLC, c/o Kenneth Siemens, Registered Agent.) (Matthes Mitra, Renea) ORDER mailed via regular and Certified Mail Return Rcpt. # 9590 9401 0087 5168 9159 66 on 12/19/2016 (Martin, Jan).

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
CONSTRUCTION INDUSTRY
LABORERS PENSION FUND, et al.,
Plaintiffs,
vs.

CUSTOM CONCRETE
INNOVATIONS, LLC
Defendant.

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Case No. 4:16-CV-897-ODS

ORDER (1) GRANTING PLAINTIFFS’ MOTION FOR DEFAULT JUDGMENT, AND
(2) ENTERING DEFAULT JUDGMENT AGAINST DEFENDANT
Plaintiffs initiated this matter in August 2016. Doc. #1. Defendant was served
through its Registered Agent, Kenneth E. Siemens, on August 29, 2016. Doc. #3.
Defendant never filed an answer. On October 6, 2016, Plaintiffs filed their Motion for
Judgment by Default by the Court (Pursuant to Rule 55(b)(2), Federal Rules of Civil
Procedure). Doc. #4. When Defendant failed to timely respond to Plaintiff’s motion, the
Court directed Defendant to show cause as to why Plaintiffs’ motion should not be
granted. Doc. #10. After the Court’s Order was returned as undeliverable (Doc. #11), the
Court resent its Order to Defendant. Doc. #12. Defendant received the second copy of
the Court’s Order. Doc. #13. Defendant has not responded to Plaintiffs’ motion or the
Court’s Order, and the time for doing so has passed. Therefore, Plaintiffs’ motion is ripe
for consideration.
According to the evidence submitted by Plaintiffs, Defendant agreed to be bound by
the terms and conditions of collective bargaining agreements. Yet, Defendant owes
unpaid fringe benefit contributions, liquidated damages, interest, audit costs, and
reasonable attorneys’ fees. Docs. #4, 5, 5-1, 7, 7-1, 8, 8-1, 8-2. After careful
consideration of Plaintiffs’ motion and supporting exhibits, the Court grants Plaintiffs’
motion. The Court enters a final judgment in favor of Plaintiffs and against Defendant as
follows:

(1)

In favor of Construction Industry Laborers Pension Fund and against

Defendant in the total amount of $13,855.67, which represents unpaid fringe benefit
contributions from January 1, 2015, through July 31, 2016 ($9,496.56), liquidated
damages ($1,899.31), interest on unpaid contributions ($146.07), reasonable attorneys’
fees ($1,401.73), and audit costs ($912.00).
(2)

In favor of Construction Industry Laborers Welfare Fund and against

Defendant in the total amount of $21,328.17, which represents unpaid fringe benefit
contributions from January 1, 2015, through July 31, 2016 ($15,701.16), liquidated
damages ($3,140.23), interest on unpaid contributions ($173.05), reasonable attorneys’
fees ($1,401.73), and audit costs ($912.00).
(3)

In favor of Greater Kansas City Laborers Vacation Plan and against

Defendant in the total amount of $4,602.93, which represents unpaid fringe benefit
contributions from January 1, 2015 through July 31, 2016 ($2,885.02), liquidated damages
($577.00), interest on unpaid contributions ($44.50), reasonable attorneys’ fees ($58.41),
and audit costs ($38.00).
(4)

In favor of Construction Industry Laborers Training Fund and against

Defendant in the total amount of $853.84, which represents unpaid fringe benefit
contributions from January 1, 2015 through July 31, 2016 ($623.18), liquidated damages
($124.64), interest on unpaid contributions ($9.62), reasonable attorneys’ fees ($58.40),
and audit costs ($38.00).
(5)

Within thirty days of the date of this Order, Defendant is ordered to permit an

accounting its 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 agreements with Plaintiffs for the period August 1, 2016, to the date
of this Order. To the extent Plaintiffs find there are additional unpaid fringe benefits and
other damages owed to Plaintiffs during the time period of August 1, 2016, through the
date of this Order, Plaintiffs may seek amendment of this judgment.

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(6)

Defendant shall put up cash deposits in advance of work and/or enter into

an escrow arrangement with Plaintiffs or post a corporate bond guaranteeing performance
under the collective bargaining and/or trust agreements.
(7)

Defendant shall 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.
The Clerk’s Office is directed to send two copies of this Order, one via first class
mail postage prepaid and one via certified mail, return receipt requested, to:
Custom Concrete Innovations, LLC
c/o Kenneth Siemens, Registered Agent
3007 Frederick Avenue
St. Joseph, Missouri 64506
IT IS SO ORDERED.
/s/ Ortrie D. Smith
ORTRIE D. SMITH, SENIOR JUDGE
UNITED STATES DISTRICT COURT

DATE: December 19, 2016

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