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Nesse v. Macpherson - Towne Co.

United States District Court, D. Minnesota

January 19, 2017

John Nesse and Tim Mackey as Trustees of the Minnesota Laborers Health and Welfare Fund, Tim Mackey and John Nesse as Trustees of the Minnesota Laborers Pension Fund, James Brady and Tammy Braastad as Trustees of the Minnesota Laborers Vacation Fund, John Bartz and Todd Pufahl as Trustees of the Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, Mark Ryan and Todd Pufahl 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.
Macpherson-Towne Company, Defendant.

          ORDER FOR ENTRY OF JUDGMENT

          MICHAEL J. DAVIS JUDGE

         This matter was heard before the undersigned on January 19, 2017. 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 Complaint was filed with the Court on October 12, 2016. (Court Docket No. 1).

         2. The Complaint was served on Defendant Macpherson-Towne Company (“Macpherson-Towne”) on October 17, 2016. (Court Docket No. 4)

         3. Macpherson-Towne 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 Macpherson-Towne to answer the Complaint lapsed.

         4. The Clerk entered Default on November 9, 2016. (Court Docket No. 8)

         5. Macpherson-Towne was personally served with the Plaintiffs' Motion for Entry of Judgment on November 29, 2016. (Court Docket No. 16).

         6. 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”).

         7. 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).

         8. 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”).

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

         10. Macpherson-Towne accepted and agreed to be bound to the terms of a collective bargaining agreement between the Metropolitan Builders Division of the Associated General Contractors of Minnesota and the Concrete and Masonry Contractors Association and the Laborers District Council of Minnesota and North Dakota on behalf of its affiliated local Unions with a term of May 6, 2013 through April 30, 2016 (“CBA”).

         11. The CBA requires Macpherson-Towne to submit contributions to the Funds in an amount per hour specified in the CBA for each ...


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