McDonald et al v. Mountain West Steel

Filing 34

ORDER clarifying Final Judgment: Judgment is entered against Defendant and in favor of Plaintiffs for: (1) $ 133,164.02, in unpaid contributions and working dues, plus interest through January 8, 2019; and (2) Interest accruing after January 8, 2019, which accrues at a rate of $23.39 per day. IT IS FURTHER ORDERED that Defendant shall submit to an audit and accounting of Defendants payroll records as to all employees of the Defendant covered by the applicable Labor Agreement and in con junction therewith is hereby required to produce all requested payroll books and records for inspection. IT IS FURTHER ORDERED that named Plaintiff and trustee Michael McDonald shall be removed as a named party plaintiff. Signed by Judge Brian Morris on 2/19/2019. (ASG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION

CV-17-54-BU-BMM

MICHAEL McDONALD, et. al.,
Plaintiffs,

ORDER
vs.
MOUNTAIN WEST STEEL, LLC,
Defendant.

Plaintiffs filed their Motion for Partial Summary Judgment (“Motion”) on
September 17, 2018. (Doc. 22.) The Court was notified on the same day that
Defense counsel Michael Horton had been suspended from the federal bar in July
of 2018. Consequently, Defendant did not file a response to Plaintiffs’ Motion.
The Court held a telephonic status conference with Plaintiffs’ counsel on
November 20, 2018. (Doc. 27.) The Court notified Plaintiffs’ counsel that the
Court would vacate the remaining deadlines set forth in the Scheduling Order. The
Court further ordered Plaintiffs to serve Defendant’s registered agent with the
Motion for Partial Summary Judgment and supporting documents. The Court asked
Plaintiffs to file a status report after having allowed Defendant reasonable time to
respond to the motion. Plaintiffs served their Motion and supporting documents on
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Defendant’s registered agent on December 6, 2018. Defendant failed to file a
response to Plaintiffs’ Motion.
The Court granted Plaintiffs’ Motion for Partial Summary Judgment on
January 8, 2019. (Doc. 30.) Final Judgment was entered on the same day. (Doc.
31.)
Plaintiffs filed a Motion to Amend/Correct the Final Judgment pursuant to
Fed.R.Civ.P. 60(b), or in the alternative 59(e), on February 4, 2019. (Doc. 32.)
Rule 60(b) permits a district court to correct an oversight or omission in the
judgment. Rule 59(e) allows a party to file a motion to alter or amend within 28
days after entry of the judgment. Plaintiffs assert that the Judgment should be
either amended, or clarified to reflect: (1) the dollar amounts now currently owed
by the Defendant, (2) the appropriate pre-judgment and post-judgment interest on
said amounts, and (3) further clarification that judgment requires Defendant to
produce its payroll books and records for a further follow-up audit to determine if
any additional sums may be due and owing. (Doc. 33 at 4.) Plaintiffs further
request that Michael McDonald be removed as a named Plaintiff in the Caption for
this proceeding. Id.
ACCORDINGLY, IT IS ORDERED that the Final Judgment (Doc. 31)
shall be clarified to provide the following:
Judgment is entered against Defendant and in favor of Plaintiffs for:

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(1)

$ 133,164.02, in unpaid contributions and working dues, plus

interest through January 8, 2019; and
(2)

Interest accruing after January 8, 2019, which accrues at a rate

of $23.39 per day.
IT IS FURTHER ORDERED that Defendant shall submit to an audit and
accounting of Defendant’s payroll records as to all employees of the
Defendant covered by the applicable Labor Agreement and in conjunction
therewith is hereby required to produce all requested payroll books and
records for inspection, including but not limited to the following documents:
(1)

All certified payroll records from December 1, 2015, to present;

(2)

Time cards for all employees from December 1, 2015, to

present;
(3)

Monthly quick books summaries form October 2016, to

present;
(4)

Quarterly payroll tax reports from October 1, 2016, to present;

(5)

Copies of monthly remittance reports from October 1, 2016, to

present;
(6)

A list of all jobs in 2016 and 2017, along with the prime

contractor for each project; and

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(7)

Copies of monthly remittance reports filed with Wyoming

Local 847.
The Court shall retain jurisdiction to enter judgment for any additional
fringe benefit contributions, liquidated damages, interest and audit fees that may be
determined to be due as a result of the audit. Upon completion of the audit,
Plaintiffs may file a Motion seeking entry of final judgment for any additional
amounts that may be due and owing as determined by the audit, including any pre
and post-judgment interest and Plaintiffs’ claimed attorney fees and costs incurred.
IT IS FURTHER ORDERED that named Plaintiff and trustee Michael
McDonald shall be removed as a named party plaintiff.
DATED this 19th day of February, 2019.

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