NELSON v. FRANA COMPANIES, INC.

No. 13-CV-2219 (PJS/SER).

TERRY NELSON, JOHN NESSE, CLARK Case ANDERSON, and GARY MEYERS and their successors in their capacities as Trustees and Fiduciaries of the Painters and Allied Trades District Council No. 82 Health Care Fund, the Painters and Allied Trades District Council No. 82 Vacation Fund, the Painters and Allied Trades District Council 82 STAR Fund, the International Painters and Allied Trades Industry Pension Fund, the Finishing Trades Institute of the Upper Midwest Trust Fund, the National Painting, Decorating, and Drywall Apprenticeship Committee, the St. Paul Painting Industry Pension Fund, the Minneapolis Local 386 Drywall Finishing Industry Pension Fund, the Finishing Trades Institute, the Painters and Allied Trades Labor Management Cooperative Initiative, and each above-named Fund, Plaintiffs, v. FRANA COMPANIES, INC.; DIAMOND DRYWALL, INC.; DAVID STELLMACH; KAREN STELLMACH; TWIN CITIES DRYWALL, INC.; and JOHN DOES 1-2, Defendants.

United States District Court, D. Minnesota.

December 11, 2013.


Attorney(s) appearing for the Case

Corey J. Ayling , Carl S. Wosmek , and Amy L. Court , McGRANN SHEA CARNIVAL STRAUGHN & LAMB, CHARTERED, for plaintiff.

Keith J. Broady and Bryan R. Feldhaus , LOMMEN, ABDO, COLE, KING & STAGEBERG, P.A.,; Nicholas A. Dolejsi , ZELLE HOFMANN VOELBEL & MASON LLP, for defendant Frana Companies, Inc.

Gregory L. Peters and Martin D. Kappenman , SEATON, PETERS & REVNEW, P.A., for defendants Diamond Drywall, Inc., David Stellmach, and Karen Stellmach.


ORDER

PATRICK J. SCHILTZ, District Judge.

Defendant Diamond Drywall, Inc. ("Diamond") is a drywall contractor and signatory to certain collective-bargaining agreements ("CBAs") which require Diamond to make certain fringe-benefit contributions to plaintiffs (collectively "the Funds"). Defendants David and Karen Stellmach are the CEO and bookkeeper of Diamond, respectively. Defendant Frana Companies, Inc. ("Frana") is a general contractor that is not a signatory...

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