United States District Court, D. Minnesota
John Nesse and Tim Mackey as Trustees of the Minnesota Laborers Health and Welfare Fund, et al., Plaintiffs,
Lakewest Excavating LLC, Defendant.
A. Magnuson United States District Court Judge
matter is before the Court on Plaintiffs' Motion for
Entry of Judgment. (Docket No. 27.) The Court held a hearing
on January 23, 2019. Christy E. Lawrie of McGrann Shea
Carnival Straughn & Lamb, Chartered, appeared on behalf
of the Plaintiffs. There was no appearance on behalf of the
Plaintiffs filed the Complaint on January 24, 2018. (Docket
Complaint was served on Defendant Lakewest Excavating LLC,
(“Lakewest”) on January 28, 2018. (Docket No. 4)
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
Clerk entered Default on February 23, 2018. (Docket Nos. 5-8)
Lakewest was personally served with this Motion on December
4, 2018. (Docket No. 36)
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
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).
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”).
Funds are exempt from federal taxation pursuant to the
Internal Revenue Code.
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”).
virtue of the CBA's evergreen clause, Lakewest is bound
to the CBA ...