Building Trades United Pension Trust Fund et al v. Adkins Construction

Filing 15

ORDER granting 9 Motion for Default Judgment in the amount of $193,117.50. Signed by District Judge William M. Conley on 9/19/2018. (arw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WISCONSIN

BUILDING TRADES UNITED PENSION TRUST FUND,
SCOTT J. REDMAN (in his capacity as Trustee),
WISCONSIN LABORERS HEALTH FUND,
WISCONSIN LABORERS APPRENTICESHIP
& TRAINING FUND, WISCONSIN LABORERS
CONTRACT ADMINISTRATION FUND,
WISCONSIN LABORERS HEALTH-HRA FUND,
BUILDING AND PUBLIC WORKS VACATION
FUND, and JOHN J. SCHMITT (in his capacity
as Trustee),

WISCONSIN LABORERS-EMPLOYERS
COOPERATION AND EDUCATION TRUST FUND,
WISCONSIN LABORERS DISTRICT COUNCIL,
Plaintiffs,
Case No. 18-cv-427

V.

ADKINS CONSTRUCTION,

Defendant.

ORDER AND ENTRY OF JUDGMENT
AS TO DEFENDANT

Request and motion for default judgment brought by the Plaintiffs in the abovecaptioned action was submitted to the Court and filed with the clerk.
The Court, having duly heard all issues and a decision having been duly
rendered, orders as follows:
1.

Defendant Adkins Construction has failed to plead or otherwise defend as

provided by Rule 55(a) of the Fed. R. Civ. P.

2.

Defendant Adkins Construction violated the Labor-Management Relations

Act of 1947, as amended, as well as the Employee Retirement Income Security Act of
1974, as amended, and the effective collective bargaining agreement by failing to pay
fringe benefit contributions on behalf of its employees to the Plaintiff Funds. Further,
Adkins Construction breached a contract it entered into with Plaintiff Funds, entitling
judgment on all amounts unpaid according to that contract.
3.

Due to Defendant's failure, Plaintiffs are entitled to damages consisting of

contributions, liquidated damages, interest, and costs.
4.

The Court assesses the total damages to the Plaintiffs in the sum of

$193,117.50.
IT IS HEREBY ORDERED that the Clerk of Court is directed to enter judgment in

favor of Plaintiffs, Building Trades United Pension Trust Fund, Scott J. Redman (in his
capacity

as

Trustee),

Wisconsin

Laborers

Health

Fund,

Wisconsin

Laborers

Apprenticeship and Training Fund, Wisconsin Laborers Contract Administration Fund,
Wisconsin Laborers Health-HRA Fund, Building and Public Works Vacation Fund, John
J. Schmitt (in his capacity as Trustee), Wisconsin Laborers-Employers Cooperation and
Education Trust Fund, and Wisconsin Laborers District Council and against Defendant
in the amount of $193,117.50 together with interest at the rate allowed by law.
Dated

this/1-f"day of _ _

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