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Patt v. Tull Crane & Rigging, LLC

United States District Court, D. Minnesota

October 4, 2019

Bill Patt and Jason George and their successors as Trustees of the Operating Engineers Local #49 Health and Welfare Fund, Michael Crabtree and his successors as a Fiduciary of the Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Eric Gulland and his successors as Trustee of the Local #49 International Union of Operating Engineers and Associated General Contractors of Minnesota Apprenticeship and Training Program, the Operating Engineers Local #49 Health and Welfare Fund, the Central Pension Fund of the International Union of Operating Engineers and Participating Employers, and the Local #49 International Union of Operating Engineers and Associated General Contractors of Minnesota Apprenticeship and Training Program, Plaintiffs,
v.
Tull Crane & Rigging, LLC, Defendant.

          FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER FOR ENTRY OF JUDGMENT

          Susan Richard Nelson United States District Judge.

         This matter came on for hearing before the undersigned on October 4, 2019 on Plaintiffs' Motion for Entry of Judgment. 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 Summons and Complaint were filed with the Court on June 12, 2019. (Court Docket No. 1).

         2. The Summons and Complaint was served on Tull Crane & Rigging (“Tull Crane”) on June 20, 2019. (Court Docket No. 5).

         3. Tull Crane failed to file and serve a response or Answer to the Summons and Complaint. Accordingly, the Clerk entered default on July 17, 2019. (Court Docket Nos. 6, 9).

         4. Tull Crane was served with this motion, memorandum in support of the motion, supporting documents, and notice of hearing on August 8, 2019. (Court Docket Nos. 15, 16).

         5. Plaintiffs are Trustees and Fiduciaries of the Operating Engineers Local #49 Health and Welfare Fund, the Central Pension Fund of the International Union of Operating Engineers and Participating Employers, and the Local #49 International Union of Operating Engineers and Associated General Contractors of Minnesota Apprenticeship and Training Program (“Funds”).

         6. The Funds are multi-employer jointly-trusteed fringe benefit plans created and maintained pursuant to provisions of the Employee Retirement Income Security Act of 1974, as amended 29 U.S.C. § 1001, et seq. (“ERISA”).

         7. The Funds are exempt from federal taxation pursuant to the Internal Revenue Code.

         8. Tull Crane is bound to two collective bargaining agreements (“CBAS”). The first CBA was negotiated between the Builders Division of the Associated General Contractors of Minnesota and the International Union of Operating Engineers, Local 49, covering the period of May 1, 2016 through April 30, 2019. The second CBA was negotiated between the South Dakota East River Builders and the International Union of Operating Engineers, Local 49, covering the period of September 3, 2015 through August 31, 2018.

         9. The CBAs incorporate by reference the terms of the Welfare Trust Agreement and the Trust Agreement for the Central Pension Fund of the International Union of Operating Engineers and Participating Employers.

         10. The CBAs and Trust Agreements require Tull Crane to make monthly contributions to the Funds, not later than the fifteenth day of the following month, in an amount set forth in the CBAs for each hour worked by its employees covered by the CBAs.

         11. The CBAs and Trust Agreements further require Tull Crane to calculate the contributions due and owing to the Funds in any given month on a report form which must be submitted to the ...


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