United States District Court, D. Minnesota
David Schrunk and Steven Sauer as Trustees of the Minnesota Teamsters Construction Division Health and Welfare Fund, et al, Plaintiffs,
J & T Services, LLC, Defendant
Richard Nelson United States District Judge
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
Complaint was filed with the Court on April 27, 2019. (Court
Docket No. 1)
Complaint was served on Defendant J&T Services, LLC
(“J&T Services”) on May 1, 2019. (Court
Docket No. 4)
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.
Clerk entered Default on May 31, 2019. (Court Docket Nos.
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)
Plaintiffs are Trustees of the Minnesota Teamsters
Construction Division Health and Welfare
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).
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”).
Fund is exempt from federal taxation pursuant to the Internal
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”).
CBA requires J&T Services to submit contributions to the
Funds in an amount per hour specified in the CBA for each