United States District Court, E.D. Missouri, Eastern Division
GREATER ST. LOUIS CONSTRUCTION LABORERS WELFARE FUND, et al., Plaintiffs,
A.L.L. CONSTRUCTION, LLC, A Missouri limited liability company, Defendant.
MEMORANDUM AND ORDER
CHARLES A. SHAW UNITED STATES DISTRICT JUDGE
closed matter is before the Court on plaintiffs' motion
to compel post-judgment discovery. Plaintiffs' motion is
accompanied by an affidavit of counsel and exhibit. No.
response was filed to the motion to compel and the time to do
so has passed. For the following reasons, the Court will
grant the motion.
an action to collect delinquent fringe benefit contributions
pursuant to Section 301 of the Labor Management Relations Act
of 1947, as amended, 29 U.S.C. § 185, and pursuant to
Sections 502 and 515 of the Employee Retirement Income
Security Act of 1974, as amended, 29 U.S.C. §§
1132(a)(3)(ii) and 1145. The Complaint asserts that defendant
A.L.L. Construction, LLC is bound by the provisions of a
collective bargaining agreement that requires it to make
monthly payments to the plaintiff employee benefit funds and
to submit monthly report forms. Plaintiffs' Complaint
sought an accounting for the period from April 1, 2007 to
date; judgment for unpaid contributions and liquidated
damages due; and to require defendant to make future payments
in accordance with the terms of the collective bargaining
was served with summons and complaint on September 5, 2012,
but did not file an answer or other responsive pleading
within the time allowed by the Federal Rules of Civil
Procedure. A Clerk's Entry of Default finding defendant
in default under Rule 55(a), Fed. R. Civ. P., was issued on
October 11, 2012 (Doc. 11). On October 25, 2012, the Court
issued an Order compelling an accounting, which ordered
defendant to provide to plaintiffs within thirty (30) days
“all of its books, legers, payroll records, cash
disbursement ledgers, bank statements and other documents
reflecting or pertaining to all hours worked by and wages
paid to defendant's employees from April 1, 2007 to the
present.” (Doc. 13) A payroll examination covering the
period of April I, 2007 through August 23, 2012 was
23, 2014, the Court granted plaintiffs' motion for
default judgment and entered a default judgment against
defendant in the amount of Eighty-Eight Thousand Six Hundred
Sixty Dollars and Fifty-Four Cents ($88, 660.54) (Doc. 35).
Motion to Compel
motion to compel and the affidavit of attorney Janine M.
Martin state that plaintiffs served a Notice of Rule 69
Deposition and Request for Production of Documents on Anton
Lumpkins, as a representative of defendant, on May 9, 2018,
by first-class United States Mail. The Notice required Mr.
Lumpkins's attendance at the office of plaintiffs'
counsel on May 29, 2018, at 3:00 p.m., and the simultaneous
production of specified documents relevant to plaintiffs'
efforts to collect the judgment in this case. The affidavit
states that neither Mr. Lumpkins nor any other representative
of defendant appeared at the deposition or produced any
69(a)(1) of the Federal Rules of Civil Procedure provides,
“[A] money judgment is enforced by a writ of execution,
unless the court directs otherwise.” Rule 69(a)(1),
Fed.R.Civ.P. Rule 69 further provides that the procedure on
execution, and in proceedings in aid of execution,
“must accord with the procedure of the state where the
court is located, but a federal statute governs to the extent
it applies.” Id. Rule 69(a)(2) provides that
in aid of a judgment or execution, a judgment creditor
“may obtain discovery from any person-including the
judgment debtor-as provided in [the Federal Rules of Civil
Procedure] or by the procedure of the state where the court
is located.” Rule 69(a)(2), Fed. R. Civ. P.
seek to take a post-judgment deposition in aid of execution
of their judgment. This procedure is appropriate pursuant to
Rules 69(a) and 30 of the Federal Rules of Civil Procedure.
It appears to the Court from the affidavit of plaintiffs'
counsel that defendant was properly noticed for deposition
but failed to have its representative appear. Plaintiffs'
motion to compel discovery should therefore be granted, and
Mr. Anton Lumpkins, as a representative of defendant, will be
ordered to appear for deposition at the offices of
plaintiffs' counsel, and to produce the requested
documents at the same time.
IT IS HEREBY ORDERED that plaintiffs' motion to compel
discovery is GRANTED. [Doc. 47]
FURTHER ORDERED that Mr. Anton Lumpkins, as a representative
of A.L.L. Construction, LLC, shall appear for deposition and
produce the records requested in the Notice of Rule 69
Deposition and Request for Production of Documents, at the
offices of plaintiffs' counsel on Thursday, June 28,
2016, at 3:00 p.m..
FURTHER ORDERED that the Clerk of the Court shall serve a
copy of this order by UPS Signature, in addition to first
class U.S. Mail, on Mr. Anton Lumpkins, A.L.L. ...