United States District Court, D. Minnesota
Tim Mackey and John Nesse as Trustees of the Minnesota Laborers Health and Welfare Fund, Gary Reed and John Nesse as Trustees of the Minnesota Laborers Pension Fund, James Brady and Martha Henrickson as Trustees of the Minnesota Laborers Vacation Fund, Gary Reed and John Bartz as Trustees 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,
Construction Cleaning Specialists LLC, Defendant.
A. Magnuson United States District Court Judge
matter is before the Court on Plaintiffs' Motion for
Entry of Judgment. Plaintiffs seek a default money judgment
against Defendant Construction Cleaning Specialists LLC. The
Court held a hearing on the Motion on December 22, 2016.
Christy E. Lawrie of McGrann Shea Carnival Straughn &
Lamb, Chartered, appeared for and on behalf of the
Plaintiffs. Robert Wollesen appeared on behalf of
Complaint was filed with the Court on January 12, 2015.
Complaint was served on Defendant Construction Cleaning on
January 22, 2015.
Construction Cleaning failed to file an Answer with the Clerk
of Court or serve an appropriate Answer upon the
Plaintiffs' counsel, and the time allowed by law for
Construction Cleaning to answer the Complaint lapsed.
Clerk entered default on February 13, 2015. (Docket No. 8.)
Court entered a default judgment on September 1, 2015,
leaving for future determination the amount of damages to be
awarded. (Docket No. 21.) In that Order, the Court made
findings of fact that apply to the current Motion.
(Id. ¶¶ 5-14.)
Funds' authorized agent requested that Construction
Cleaning provide its employment and payroll records for the
period of January 1, 2013, through April 30, 2014
Construction Cleaning breached the terms of the CBA by
refusing to provide the requested records for the Audit
Following the filing of this lawsuit, this Court's Order
on the Plaintiffs' Motion for Default Judgment and
Injunction, and several additional Show Cause hearings,
Construction Cleaning produced the required payroll and
employment records for the Audit Period.
Funds' Auditor reviewed the payroll and employment
records prepared and maintained by Construction Cleaning, and
determined that $12, 312.96 is due and owing to the Funds for
the Audit Period.
CBA provides that if a payment for contributions is not
submitted to the Funds on or before the fifteenth day of the
month following the month for which the contributions are
due, the employer is subject to a penalty in the amount of
ten percent of the contributions as liquidated damages.
Liquidated damages in the amount of $1, 231.30 is due and
owing to ...