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Nesse v. Lakewest Excavating LLC

United States District Court, D. Minnesota

July 18, 2018

John Nesse and Tim Mackey as Trustees of the Minnesota Laborers Health and Welfare Fund, et al., Plaintiffs,
v.
Lakewest Excavating LLC, Defendant.

          ORDER

          Paul A. Magnuson United States District Court Judge

         This matter is before the Court on Plaintiffs' Motion for Entry of Judgment. The Court held a hearing on the Motion on July 18, 2018. Christy E. Lawrie of McGrann Shea Carnival Straughn & Lamb, Chartered, appeared on behalf of Plaintiffs. There was no appearance on behalf of Defendant.

         FINDINGS OF FACT

         1. Plaintiffs filed the Complaint on January 24, 2018. (Docket No. 1)

         2. The Complaint was served on Defendant Lakewest Excavating LLC, (“Lakewest”) on January 28, 2018. (Docket No. 4)

         3. Lakewest 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 Lakewest to answer the Complaint lapsed.

         4. The Clerk entered Default on February 23, 2018. (Docket Nos. 5-8)

         5. Lakewest was personally served with this Motion on June 11, 2018.

         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. Lakewest 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. By virtue of the CBA's evergreen clause, Lakewest is bound to the CBA ...


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