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Gary Reed and Tom Vevea As Trustees of the Minnesota Laborers v. Gladstone Construction

April 12, 2013

GARY REED AND TOM VEVEA AS TRUSTEES OF THE MINNESOTA LABORERS HEALTH AND WELFARE FUND AND THE MINNESOTA LABORERS PENSION FUND, JAMES BRADY AND KEITH KRAMER AS TRUSTEES OF THE MINNESOTA LABORERS VACATION FUND, GARY REED AS TRUSTEE OF THE CONSTRUCTION LABORERS' EDUCATION, TRAINING, AND APPRENTICESHIP FUND OF MINNESOTA AND NORTH DAKOTA, DAN OLSON AND CHRIS BORN AS TRUSTEES OF THE MINNESOTA LABORERS EMPLOYERS COOPERATION AND EDUCATION TRUST, THE MINNESOTA LABORERS HEALTH AND WELFARE FUND, THE MINNESOTA LABORERS PENSION FUND, THE MINNESOTA LABORERS VACATION FUND, THE CONSTRUCTION LABORERS' EDUCATION, TRAINING, AND APPRENTICESHIP FUND OF MINNESOTA AND NORTH DAKOTA, AND THE MINNESOTA LABORERS EMPLOYERS COOPERATION AND EDUCATION TRUST, PLAINTIFFS,
v.
GLADSTONE CONSTRUCTION, INC., DEFENDANT.



The opinion of the court was delivered by: Michael J. Davis United States District Court Judge

ORDER FOR ENTRY OF JUDGMENT

This matter was heard before the undersigned on March 22, 2013. Christy E. Lawrie of McGrann Shea Carnival Straughn & Lamb, Chartered, appeared for and on behalf of the Plaintiffs. There was no appearance on behalf of the Defendant.

FINDINGS OF FACT

1. The Amended Complaint was filed with the Court on October 24, 2012.

2. The Amended Complaint was served on Gladstone Construction, Inc.'s ("Gladstone Construction") authorized agent on October 25, 2012.

3. Gladstone Construction failed to file an Answer with the Clerk of Court or serve an appropriate Answer upon the Funds' counsel, and the time allowed by law for Gladstone Construction to answer the Complaint lapsed.

4. The Clerk entered default on November 20, 2012. 5. Plaintiffs are Trustees and fiduciaries of the Minnesota Laborers Health and Welfare Fund, the Minnesota Laborers Pension Fund, the Minnesota Laborers Vacation Fund, the Construction Laborers Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, and the Minnesota Laborers Employers Cooperation and Education Trust ("the Funds").

6. The Funds are multi-employer, jointly-trusteed fringe benefit plans created and maintained pursuant to Section 302(c)(5) of the Labor Management Relations Act of 1947 ("LMRA"), as amended 29 U.S.C. § 186(c)(5).

7. The Funds are administered in accordance with the provisions of the Employee Retirement Income Security Act of 1974, as amended 29 U.S.C. § 1001, et seq. ("ERISA").

8. The Funds are exempt from federal taxation pursuant to the Internal Revenue Code.

9. The Gladstone Construction accepted and agreed to be bound to the terms of a collective bargaining agreement between the Metropolitan Builders Division of Associated General Contractors of Minnesota and the Minnesota Concrete and Masonry Contractors Association and the Laborers' District Council of Minnesota and North Dakota and its affiliated Unions covering the period of September 6, 2010 through April 30, 2013 ("Collective Bargaining Agreement").

10. The Collective Bargaining Agreement requires Gladstone Construction to submit contributions to the Funds in an amount per hour specified in the Collective Bargaining Agreement for each hour worked by its employees covered by the Collective Bargaining Agreement.

11. The Collective Bargaining Agreement requires that Gladstone Construction set forth the amount due and owing for contributions on a remittance report form to be submitted to the Funds with its monthly payment.

12. The Collective Bargaining Agreement requires that Gladstone Construction submit the remittance report and payment to the Funds by the fifteenth day of the following month for which the contributions are due. Any employer whose remittance reports and contributions ...


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