North Central States Regional Council of Carpenters' Pension Fund et al v. Ceiling Constructors, Inc.
Filing
18
ORDER AND ENTRY OF INJUCTIVE RELIEF. Signed by District Judge Barbara B. Crabb on 3/11/2015. (voc)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
NORTH CENTRAL STATES REGIONAL
COUNCIL OF CARPENTERS' PENSION
FUND and JERRY SHAE (in his capacity
as Trustee),
ORDERAND ENTRY
OF INJUNCTIVE RELIEF
Plaintiffs,
l 4-cv-701-bbc
v.
CEILING CONSTRUCTORS, INC.,
Defendant.
A motion for default judgment brought by plaintiffs in the above-captioned action
was submitted to the court and filed with the clerk. The court finds that defendant Ceiling
Constructors, Inc. has failed to plead or otherwise defend as provided by Rule 55(a) of the
Fed. R. Civ. P.
The court further finds that defendant Ceiling Constructors, Inc. violated the
Labor-Management Relations Act of 194 7, as amended, as well as the Employee Retirement
Income Security Act of 197 4, as amended, and the effective collective bargaining agreements
by failing to pay fringe benefit contributions on behalf of its employees to plaintiff funds and
by failing to submit to an audit of the company's books and records by plaintiff fund's
designated representative covering the period of November 1, 2008 to the present date.
Plaintiff fund must conduct an audit of defendant's payroll records to liquidate its
1
claims and proceed to judgment.
IT IS HEREBY ORDERED THAT:
1.
Defendant Ceiling Constructors, Inc. shall submit within ten ( 10) days of the
date of this order to an audit of the company's books and records by plaintiff fund's
designated representative covering the period November 1, 2008 to the present date; and
2.
The results of said audit shall be submitted to the Court within ten ( 10) days
of the completion of the audit, and the Clerk of Court shall amend the judgment in favor of
plaintiff fund to include all contributions, interest and liquidated damages due plaintiff fund
as reported by the auditor, along with plaintiffs' costs and attorney's fees.
Entered this
{( '""- day of March, 2015 .
BY THE COURT:
~~<-(A~ .. ~~
BARBARA B. CRABB
District Judge
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