Carpenters' District Council Of Greater St. Louis and Vicinity et al v. Diversified Drywall Systems, Inc., No. 4:2010cv02117 - Document 18 (E.D. Mo. 2011)

Court Description: MEMORANDUM OPINION : Plaintiffs' Motion for Default Judgment should be granted (Doc. 16). Plaintiffs are entitled to a judgment of $11,686.75 which consists of $8, 127.02 in delinquent fringe benefit contributions, $1,625.40 in liquidated damages, $922.23 in interest and $1,012.00 in legal fees and costs.. Signed by Magistrate Judge Mary Ann L. Medler on 8/25/11. (LGK)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION CARPENTERS DISTRICT COUNCIL OF GREATER ST. LOUIS AND VICINITY, et al., Plaintiffs, vs. DIVERSIFIED DRYWALL SYSTEMS, INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. 4:10CV2117MLM MEMORANDUM OPINION This matter is before the court on plaintiffs Motion for Default Judgment. [Doc. 16] This is an action to collect delinquent fringe benefit contributions pursuant to the Employee Retirement Income Security Act ( ERISA ) 29 U.S.C. ยง 1132, on behalf of Fringe Benefit Funds affiliated with the Carpenters District Council of Greater St. Louis (the District Council ). Defendant Diversified Drywall Systems, Inc. was served with the Summons and Complaint on November 15, 2010. As of this date no Answer has been filed. The Clerk entered defendant s default on January 25, 2011. Plaintiffs sought an order compelling defendant to submit to a payroll audit. This Motion was granted on March 22, 2011. Defendant is party to a collective bargaining agreement with the District Council which requires the payment of fringe benefit contributions through the purchase of fringe benefit stamps. The collective bargaining agreement to which defendant is bound requires the payment of 20% liquidated damages on delinquent contributions, plus 10% interest. The agreement also requires delinquent employers to pay the Funds attorneys fees and court costs. Plaintiffs performed an audit of defendant s records for the period of May, 2009 through the week ending March 29, 2011. Based on the audit, defendant owes $8,127.02 in contributions for this period. In addition, $1,625.40 in liquidated damages and $922.23 in interest is owed through July 31, 2011. Attorneys fees and costs amount to $1,012.00. For the foregoing reasons, plaintiffs Motion for Default Judgment should be granted (Doc. 16). Plaintiffs are entitled to a judgment of $11,686.75 which consists of $8, 127.02 in delinquent fringe benefit contributions, $1,625.40 in liquidated damages, $922.23 in interest and $1,012.00 in legal fees and costs. /s/Mary Ann L. Medler MARY ANN L. MEDLER UNITED STATES MAGISTRATE JUDGE Dated this 25th day of August, 2011. -2-