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Schrunk v. J & T Services, LLC

United States District Court, D. Minnesota

August 14, 2019

David Schrunk and Steven Sauer as Trustees of the Minnesota Teamsters Construction Division Health and Welfare Fund, et al, Plaintiffs,
v.
J & T Services, LLC, Defendant

          ORDER

          Susan Richard Nelson United States District Judge

         This matter was heard before the undersigned on August 14, 2019. 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 April 27, 2019. (Court Docket No. 1)

         2. The Complaint was served on Defendant J&T Services, LLC (“J&T Services”) on May 1, 2019. (Court Docket No. 4)

         3. J&T Services 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 J&T Services to answer the Complaint lapsed.

         4. The Clerk entered Default on May 31, 2019. (Court Docket Nos. 5-8)

         5. Plaintiffs’ Motion for Entry of Judgment, Notice of Hearing, supporting memorandum, affidavit, and exhibits, and a proposed order were served on J&T Services by mail and ECF filing on June 11, 2019. (Court Docket Nos. 15 & 16) Due to a subsequent change in the hearing date, Plaintiffs personally served an Amended Notice of Hearing on J&T Services’ registered agent on July 31, 2019. (Court Docket No. 19)

         6. Plaintiffs are Trustees of the Minnesota Teamsters Construction Division Health and Welfare (“Fund”).

         7. The Fund is multi-employer, jointly-trusteed fringe benefit plan 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 Fund is 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 Fund is exempt from federal taxation pursuant to the Internal Revenue Code.

         10. J&T Services, LLC (“J&T Services”) accepted and agreed to be bound to the terms of the collective bargaining agreement negotiated between the Associated General Contractors of Minnesota Highway, Railroad & Heavy Construction Divisions with Minnesota Construction Conference of Teamsters and the International Brotherhood of Teamsters, covering the period of May 1, 2014 through April 30, 2019 (“CBA”).

         11. The CBA requires J&T Services to submit contributions to the Funds in an amount per hour specified in the CBA for each hour ...


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