Richards et al v. Acme Heating and Air Conditioning et al
Filing
36
MEMORANDUM DECISION and Order granting 19 Motion for Partial Summary Judgment. Signed by Judge Dale A. Kimball on 8/13/13. (jlw)
Richards et al v. Acme Heating and Air Conditioning et al
Doc. 36
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION
STEPHEN RICHARDS et al.,
Plaintiffs,
vs.
ACME HEATING AND AIR
CONDITIONING et al.,
MEMORANDUM DECISION
AND ORDER
Case No. 2:13CV34 DAK
Defendants.
This matter is before the court on Plaintiffs’ Motion for Partial Summary Judgment
against Defendant Acme Heating and Air Conditioning, Inc. (“Acme Heating”). A hearing on
the motions was held on May 30, 2013. At the hearing, Plaintiffs were represented by Kenneth
B. Grimes, and Defendant Acme Heating was represented by Knute A. Rife. The court has
carefully considered the memoranda and other materials submitted by the parties. Since taking
the matter under advisement, the court has further considered the law and facts relating to this
motion. Now being fully advised, the court renders the following Order.
Plaintiffs in this action are Trustees of the Utah Sheet Metal Welfare Trust Fund and the
Utah Sheet Metal Pension Trust Fund. Plaintiffs believe that Defendant Acme Heating currently
has due and owing to Plaintiffs’ employee benefit plan contributions in the amount of almost
$31,000 or such other amount as may be determined through an audit.
Through this motion, Plaintiffs request that the court enter an Order compelling Acme
Heating to permit a payroll audit of its employment and business records in order to determine
Dockets.Justia.com
Acme’s compliance with its contractual obligation to pay employee benefit plan contributions to
Plaintiffs.
Pursuant to Central States S.E. & S.W. Area Pension Fund v. Central Transport, Inc., 472
U.S. 559 (1985), 29 U.S.C. 1132(a)(3), and the applicable Labor Agreements and Trust
Agreements to which Acme Heating is signatory, the court agrees with Plaintiffs that Acme
Heating must permit a payroll audit of its employment and business records to determine Acme
Heating’s compliance with its contractual obligation to pay employee benefit plan contributions
to Plaintiffs. Accordingly, Acme Heating is directed to cooperate with the audit and to produce
all of the documents and information that are necessary and reasonable for completion of the
audit in conformance with generally accepted accounting procedures.
CONCLUSION
For the foregoing reasons, IT IS HEREBY ORDERED that Plaintiff’s Motion for Partial
Summary Judgment [Docket No. 19] is GRANTED.
DATED this 13th day of August, 2013.
BY THE COURT:
DALE A. KIMBALL
United States District Judge
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?