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Nesse v. Central Minnesota Sawing LLC

United States District Court, D. Minnesota

April 13, 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, Tammy Braastad and Todd Pufahl as Trustees of the Minnesota Laborers Vacation Fund, Todd Pufahl and Fred Chase as Trustees of the Construction Laborers' Education, Training, and Apprenticeship Fund of Minnesota and North Dakota, Mark Ryan and Dave Borst 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.
Central Minnesota Sawing LLC, Defendant.

          ORDER FOR ENTRY OF JUDGMENT

          Honorable Michael J. Davis United States District Court Judge

         This matter was heard before the undersigned on April 13, 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 November 10, 2016. (Court Docket No. 1)

         2. The Complaint was served on Defendant Central Minnesota Sawing LLC, (“Central Minnesota Sawing”) on November 14, 2017. (Court Docket No. 4)

         3. Central Minnesota Sawing 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 Central Minnesota Sawing to answer the Complaint lapsed.

         4. The Clerk entered Default on December 7, 2016. (Court Docket Nos. 6-8)

         5. Central Minnesota Sawing was served with this Motion on January 4, 2017 and served with the Amended Notice on February 8, 2017. (Court Docket No. 15, 17)

         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. Central Minnesota Sawing accepted and agreed to be bound to the terms of a collective bargaining agreement negotiated between the Highway Railroad and Heavy Construction Division of the Associated General Contractors of Minnesota and the Laborers District Council of Minnesota and North Dakota on behalf of its affiliated local Unions covering the period of May 5, 2014 through April 30, 2017 (“CBA”).

         11. The CBA requires Central Minnesota Sawing to submit contributions to the Funds in an amount per hour specified in the CBA for each ...


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