GREATER ST. LOUIS CONSTRUCTION LABORERS WELFARE FUND v. RENA'S ENTERPRISE, LLC

No. 4:17CV745CDP.

GREATER ST. LOUIS CONSTRUCTION LABORERS WELFARE FUND, et al., Plaintiffs, v. RENA'S ENTERPRISE, LLC, d/b/a Rena's Final Cleaning Co., Defendant.

United States District Court, E.D. Missouri, Eastern Division.

Editors Note
Applicable Law: 29 U.S.C. § 1132
Cause: 29 U.S.C. § 1132 E.R.I.S.A. - Employee Benefits
Nature of Suit: 791 Labor: E.R.I.S.A.
Source: PACER


Attorney(s) appearing for the Case

Greater St. Louis Construction Laborers Welfare Fund, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Brandon Flinn, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Danny Jenkins, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Steve MacDonald, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Gary Elliott, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Richard McLaughlin, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Donald Willey, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Jay Schultehenrich, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

David A. Gillick, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Brad Grant, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Michael Lutz, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Corey Black, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Norman Merlo, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Construction Laborers Pension Trust of Greater St. Louis, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Jeffrey O'Connell, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Richard McLaughlin, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Rick Casson, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Ron Graves, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Brandon Flinn, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Donald Willey, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Gary Elliott, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Lou Grasse, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Joseph Leritz, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Doug Wachsnicht, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Joe Hoette, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

William L. Luth, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

David A. Gillick, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

St. Louis Vacation Fund - Vacation Plan, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Gary Elliott, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Brandon Flinn, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Don Willey, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Jay Schultehenrich, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Norman Merlo, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

William L. Luth, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

AGC-Eastern Missouri Laborers' Joint Training Fund, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Patrick R. Pryor, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Donald Willey, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Perri Pryor, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Gary Elliott, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Richard McGuire, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Brandon Flinn, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

John B. Morgan, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Phil Hocher, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Robert J. Wesolich, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Joe Scarfino, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Musial Braungardt, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Cliff Land, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

John J. Smith, Jr., Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Local Union Nos. 42-110, Laborers International Union of North America, AFL-CIO, Plaintiff, represented by Janine M. Martin , HAMMOND AND SHINNERS, P.C..

Rena's Enterprise, LLC, Defendant, Pro Se.


JUDGMENT

CATHERINE D. PERRY, District Judge.

Plaintiffs filed this action to recover, inter alia, delinquent contributions and liquidated damages allegedly owed by defendant Rena's Enterprise, LLC, d/b/a Rena's Final Cleaning Co., to the plaintiff employee benefit funds pursuant to 29 U.S.C. §§ 185 and 1132. Plaintiffs also seek to recover attorneys' fees, accounting fees, and costs incurred in this action. Plaintiffs served the complaint and summons on defendant on March 4, 2017. Defendant has not filed an answer or any other responsive pleading.

Plaintiffs have established that defendant is party to successor collective bargaining agreements with Laborers Local Unions 42-53-110. These agreements require defendant to submit contributions to the Laborers Funds, and authorize plaintiffs to examine the financial records of defendant to ascertain whether the required contributions were made. The agreements provide for liquidated damages on contributions not paid timely.

Based on a payroll examination covering the period of October 5, 2011 through September 30, 2012, defendant owes plaintiffs $3,777.58 in unpaid contributions, $816.96 in liquidated damages, and $129.43 in interest through August 31, 2014. Defendant also owes an additional $879.37 in liquidated damages for untimely contributions for the months of January and February 2013; February, March, April, May, June, July, August, November, and December 2014; and February 2015. Defendant has not submitted its reports or contributions for the months of October 2015 to the present. Additionally, the collective bargaining agreements and ERISA, 29 U.S.C. § 1132(g)(2), require defendant to pay plaintiffs' attorneys' fees, accounting fees, and costs. Plaintiffs incurred $1,160.00 in payroll examination fees, $1,144.50 in attorneys' fees, and $557.33 in costs. Based on the evidence presented, the Court finds that the services performed by plaintiffs' accountants and attorneys were reasonable and necessary to the litigation of this case, that the rates charged were reasonable, and that the amount sought for attorneys' fees is reasonable.

The total amount owed by defendant to plaintiffs during this time period is $8,465.17.

WHEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that judgment is entered by default in favor of plaintiffs against defendant Rena's Enterprise, LLC, d/b/a Rena's Final Cleaning Co., and plaintiffs shall recover from defendant the total of $8,465.17.

WHEREFORE, IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that defendant shall submit to plaintiffs its reports and any contributions owed for the period of October 2015 to the date of this Judgment.


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