Cook et al v. Shotley Construction, Inc.
| Michael J. Cook, Richard C. Dentinger, Paul R. Weise, Jay A. Lommel and Timothy J. Miller |
| Shotley Construction, Inc. and Eric M. Spangrud |
| 0:2012cv02161 |
| September 4, 2012 |
| US District Court for the District of Minnesota |
| DMN Office |
| Dakota |
| Michael J. Davis |
| Jeanne J. Graham |
| Employee Retirement Income Security Act of 1974 |
| 28 U.S.C. ยง 1001 |
| None |
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Filing
31
MEMORANDUM OF LAW & ORDER. IT IS HEREBY ORDERED: Plaintiffs' Motion for Entry of Judgment 28 is GRANTED as follows: Judgment is entered in favor of Plaintiffs and against Defendants Shotley Construction, Inc. and Eric M. Spangrud in the amount of $11,970.31, consisting of $10,315 in attorneys' fees, $861.81 in costs, and $793.50 in audit fees.LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Chief Judge Michael J. Davis on 3/26/14. (GRR)
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Filing
15
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER. IT IS HEREBY ORDERED: 1. That Plaintiffs' Motion to Compel Fringe Benefit Audit, Posting of Surety Bond, and for Entry of Default Judgment 7 is granted. 2. That within 14 days of the date of this Order, Shotley Construction, Inc. and Eric M. Spangrud, the Defendants herein, jointly and severally, are ordered and directed to furnish to Zenith American Solutions, the Plaintiffs' third party administrator, all employment and pa yroll records and other relevant information necessary for a fringe benefit audit. 3. That Defendants, jointly and severally, are ordered and directed to cooperate fully with the fringe benefit audit ordered herein. 4. That within 14 days of the date of this Order, the Defendants, jointly and severally, shall post with Zenith American Solutions a surety bond in the face amount of $50,000.00. 5. That Judgment is granted in favor of the Plaintiffs and against the Defendants, joint ly and severally, for all unpaid contributions Defendants owe Plaintiffs through the date of the audit, plus liquidated damages of ten percent (10%) of the unpaid contributions, and interest on the unpaid contributions, together with reasonable attorney fees and costs of this action. That final Judgment for a sum certain for the foregoing shall be entered without further hearing as provided herein. 6. That upon completion of the fringe benefit audit as ordered herein, Plaintiffs shal l forthwith serve and file an Affidavit of the fringe benefit auditor setting forth the amount of the unpaid contributions Defendants owe Plaintiffs through the date of the audit, liquidated damages owing, and interest on the unpaid contributions, an d an Affidavit of Plaintiffs counsel setting forth the amount of the reasonable attorney fees and costs of this action. Defendants shall be allowed ten days after service and filing of the Affidavits to serve and file any objections to the amounts s tated in the Affidavits. Upon the expiration of the ten day period, the Court will order Judgment against the Defendants, jointly and severally, for a sum certain as determined by the Court, without further hearing. 7. That Plaintiffs' coun sel shall forthwith mail a copy of this Order to each of the Defendants at their last known address by both first class mail and certified mail, return receipt requested, which shall constitute due and proper service of this Order. (Written Opinion). Signed by Chief Judge Michael J. Davis on 5/31/13. (GRR)
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