United States District Court, E.D. Missouri, Eastern Division
ST. LOUIS-KANSAS CITY CARPENTERS REGIONAL COUNCIL, et al., Plaintiffs,
J.B. CARPENTRY SERVICES, INC., Defendant.
MEMORANDUM AND ORDER
W. SIPPEL UNITED STATES DISTRICT JUDGE
benefit funds affiliated with the St. Louis-Kansas City
Carpenters Regional Council seek to collect delinquent
contributions under the Employee Retirement Income Security
Act (ERISA), 29 U.S.C. § 1132. Defendant J.B. Carpentry
Services, Inc. has not responded to the summons and
complaint. After review of Plaintiffs' motion for default
judgment and accompanying affidavits and materials, I
conclude Plaintiffs are entitled to a default judgment in the
amount of $8, 920.89.
J.B. Carpentry Services, Inc. is a party to a collective
bargaining agreement with the Regional Council. The
collective bargaining agreement requires J.B. Carpentry to
submit reports showing hours worked by each covered employee
and make fringe benefit contributions. The agreement requires
the payment of interest not greater than 10% per annum on
delinquent contributions and liquidated damages not greater
than 20% of delinquent contributions. The agreement also
requires delinquent employers to pay the Funds'
attorneys' fees and court costs for legal proceedings to
collect delinquent fringe benefit contributions.
on reports submitted, J.B. Carpentry failed to make required
fringe benefit contributions of $6, 403.18 for the period of
June 22, 2016 to August 10, 2016. Plaintiffs request the
delinquent contributions plus $1, 280.64 in liquidated
damages, $187.99 in interest, $382.50 in attorneys' fees,
and $666.58 in court costs.
filed this lawsuit on February 16, 2017. A return of summons
indicates J.B. Carpentry was served with the summons and
complaint on March 9, 2017. J.B. Carpentry has not filed an
answer or responsive pleading. On April 14, 2017, the Clerk
of Court filed an Entry of Default. Plaintiffs move for
entry of default, a defendant's liability is established
and the allegations of the complaint except as to the amount
of damages are taken as true. Brown v. Kenron Aluminum
& Glass Corp., 477 F.2d 526, 531 (8th Cir. 1973).
Affidavits may be submitted to prove damages after the
Clerk's entry of default. United Artist Corp. v.
Freeman, 605 F.2d 854, 857 (5th Cir. 1979).
seek payment of certain fringe benefit contributions covered
under ERISA, 29 U.S.C. § 1132(g)(2). Section 1132(g)(2)
provides as follows:
(2) In any action under this subchapter by a fiduciary for or
on behalf of a plan to enforce section 1145 of this title in
which a judgment in favor of the plan is awarded, the court
shall award the plan-
(A) the unpaid contributions
(B) interest on the unpaid contributions
(C) an amount equal to the greater of-
(i) interest on the unpaid contributions, or (ii) liquidated
damages provided for under the plan in an amount not in
excess of 20 percent (or such higher percentage as may be
permitted under Federal or State law) of the amount
determined by the court under subparagraph (A),
(D) reasonable attorney's fees and costs of the action,
to be paid by ...