North Central States Regional Council of Carpenters' Pension Fund et al v. Didrikson Roofing & Construction

Filing 15

ORDER granting 7 Motion for Injunctive Relief; and directing Defendant to submit to an audit by Plaintiff Fund's designated representative within ten (10) days of the date of this Order. Within thirty (30) days of the completion of the aud it Plaintiffs may submit a motion for default judgment and a default hearing will be held. Absent a motion for default judgment or request for further relief a telephonic status conference will be held on 4/6/2016 at 08:30 AM before Judge William M. Conley. Counsel for Plaintiff responsible for setting up the call to chambers at [phone]. Signed by District Judge William M. Conley on 1/6/2016. (jls)

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),
Plaintiffs,

ORDER AND ENTRY OF
INJUNCTIVE RELIEF

v.

15-cv-254-wmc
DIDRIKSON ROOFING & CONSTRUCTION
d/b/a SCOTT DIDRIKSON CONSTRUCTION, INC.,
Defendant.
Motion for default judgment brought by Plaintiffs in the above-captioned action was
submitted to the Court and filed with the clerk. This action having come on for hearing
before the Court, the issues having been duly heard, and a decision having been duly
rendered, the Court orders as follows:
1. Defendant

Didrikson

Roofing

&

Construction

d/b/a

Scott

Didrikson

Construction, Inc. has failed to plead or otherwise defend as provided by Rule
55(a) of the Fed. R. Civ. P.
2. Defendant

Didrikson

Roofing

&

Construction

d/b/a

Scott

Didrikson

Construction, Inc. violated the Labor-Management Relations Act of 1947, 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 Fund 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 January 1, 2010 to the
present date.
3. Plaintiff Fund must conduct an audit of Defendant's payroll records to liquidate
its claims and proceed to judgment.

ORDER
IT IS ORDERED THAT:
1. Defendant

Didrikson

Roofing

&

Construction

d/b/a

Scott

Didrikson

Construction, 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 January 1, 2010 to the present date.
2. Plaintiffs may submit a motion for default judgment within thirty (30) days of
completion of the audit, at which point the court will hold a hearing on the
motion and, as appropriate, enter judgment in favor of plaintiffs to include all
contributions, interest and liquidated damages due to plaintiffs as reported by the
auditor, along with plaintiffs' costs and attorney's fees.
3. In the absence of a motion for default judgment or request for further relief, the
court shall hold a telephonic status conference on April 6, 2016, at 8:30 a.m.
Entered this 6th day of January, 2016.