Iron Workers St. Louis District Council Annuity Trust et al v. DKW Construction Co., Inc.
Plaintiff: Iron Workers St. Louis District Council Annuity Trust, Iron Workers St. Louis District Council Pension Fund Trust, Iron Workers St. Louis District Council Welfare Plan, Local No. 396, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO and Local No. 392, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO
Defendant: DKW Construction Co., Inc.
Case Number: 4:2007cv01960
Filed: November 21, 2007
Court: US District Court for the Eastern District of Missouri
Office: St. Louis Office
County: St. Louis - City
Presiding Judge: Audrey G Fleissig-MG
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By: None
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Docket Report

This docket was last retrieved on April 8, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 8, 2010 Opinion or Order Filing 35 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs motion to compel is GRANTED.[Doc. #33] IT IS FURTHER ORDERED that Dorrie K. Wise shall appear for a deposition at a reasonable time and place agreed upon by the parties, but no later than thirty (30) days from the date of this Order. IT IS FURTHER ORDERED that Defendant and Dorrie Wise shall jointly and severally reimburse Plaintiffs $100.00 as reasonable attorneys fees incurred by Plaintiffs in connection with bringing the motion to compel. IT IS FURTHER ORDERED that failure to comply with this Memorandum and Order may result in sanctions. #33 Signed by Magistrate Judge Audrey G. Fleissig on 4/8/10. (CLA)
April 8, 2010 Opinion or Order ORDER RECEIPT: (see receipt) Docket No: 35. Thu Apr 8 13:26:56 CDT 2010 (Abrams, Carrie)
March 22, 2010 Filing 34 MEMORANDUM in Support of Motion re #33 MOTION to Compel filed by Plaintiffs Iron Workers St. Louis District Council Annuity Trust, Iron Workers St. Louis District Council Pension Fund Trust, Iron Workers St. Louis District Council Welfare Plan, Local No. 392, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO, Local No. 396, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO. (Attachments: #1 Affidavit Affidavit of James R. Kimmey, #2 Exhibit Exh.1)(Kimmey, James)
March 22, 2010 Filing 33 MOTION to Compel by Plaintiffs Iron Workers St. Louis District Council Annuity Trust, Iron Workers St. Louis District Council Pension Fund Trust, Iron Workers St. Louis District Council Welfare Plan, Local No. 392, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO, Local No. 396, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO. (Kimmey, James)
March 8, 2010 Filing 32 MARSHAL Return Executed, party served Regions Bank, Type of return Writ, Summons, & Interrogatories (TRC)
February 3, 2010 WRIT OF GARNISHMENT issued upon the assets of Judgment Debtor, DKW Construction, Inc. by serving garnishee Regions Bank(Returnable March 15, 2010) (DLB)
February 2, 2010 Filing 31 APPLICATION for Writ on garnishment w/notice and instructions to garnishee; on garnishee Regions Bank by Plaintiffs Iron Workers St. Louis District Council Annuity Trust, Iron Workers St. Louis District Council Pension Fund Trust, Iron Workers St. Louis District Council Welfare Plan, Local No. 396, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO, Local No. 392, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO. (Attachments: #1 Writ of Execution, #2 Summons to Garnishee, #3 Interrogatories to Garnishee, #4 Certificate of Service, #5 Marshal Form 285)(Kimmey, James)
October 22, 2009 ***REMARK - documents #29 and #30 mailed to deft at 303 N. Union, Ste. 200, St. Louis, MO 63108. (CEL)
October 21, 2009 Opinion or Order Filing 30 FINAL DEFAULT JUDGMENT: IT IS HEREBY ORDERED, ADJUDGED and DECREED that Judgement is entered on behalf of Plaintiffs and against Defendant in the amount of $148,624.99, which includes the $134,125.22 covered by the Partial Default Judgment entered in this case on February 4, 2009, plus $14,499.77 comprising: (1) $8,406.42 in contributions due to Local No. 392, plus interest in the amount of $1,066.81 (through August 2009), plus liquidated damages in the amount of $840.64; and (2) $3,511.82 in contributions due to Local No. 396, plus interest in the amount of $322.90, through August 2009, plus liquidated damages in the amount of $351.18. Signed by Magistrate Judge Audrey G. Fleissig on 10/21/09. (CSR)
October 21, 2009 Opinion or Order Filing 29 MEMORANDUM AND ORDER re: #25 IT IS HEREBY ORDERED that Plaintiffs' Motion for Final Default Judgment is GRANTED. [Doc. #25] An appropriate Final Default Judgment showing Defendant's liability of $148,624.99, which includes the $134,125.22 covered by the Partial Default Judgment, plus $14,499.77, shall accompany this Memorandum and Order. A separate Final Default Judgment shall accompany this Memorandum and Order. Signed by Magistrate Judge Audrey G. Fleissig on 10/21/09. (CSR)
October 21, 2009 Opinion or Order ORDER RECEIPT: (see receipt) Wed Oct 21 12:38:56 CDT 2009 (Rice, Celestine)
October 21, 2009 Opinion or Order ORDER RECEIPT: (see receipt) Wed Oct 21 13:02:32 CDT 2009 (Rice, Celestine)
September 10, 2009 Filing 28 MARSHAL Return Executed party servedFirst Bank, Type of return summons to garnishee, (CEL)
September 8, 2009 Filing 27 Answer to Garnishment Interrogatories filed ;garnishee First Bank/DKW Construction. (CLA)
August 26, 2009 Filing 26 MEMORANDUM in Support of Motion re #25 MOTION for Default Judgment filed by Plaintiffs Iron Workers St. Louis District Council Annuity Trust, Iron Workers St. Louis District Council Pension Fund Trust, Iron Workers St. Louis District Council Welfare Plan, Local No. 396, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO, Local No. 392, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO. (Attachments: #1 Exhibit Exh.1, #2 Exhibit Exh.2, #3 Exhibit Exh.3, #4 Text of Proposed Order Text of Proposed Order)(Kimmey, James)
August 26, 2009 Filing 25 MOTION for Default Judgment by Plaintiffs Iron Workers St. Louis District Council Annuity Trust, Iron Workers St. Louis District Council Pension Fund Trust, Iron Workers St. Louis District Council Welfare Plan, Local No. 396, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO, Local No. 392, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO. (Kimmey, James)
July 29, 2009 Filing 24 APPLICATION for Writ on garnishment w/notice and instructions to garnishee; on garnishee First Bank by Plaintiffs Iron Workers St. Louis District Council Annuity Trust, Iron Workers St. Louis District Council Pension Fund Trust, Iron Workers St. Louis District Council Welfare Plan, Local No. 396, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO, Local No. 392, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO. (Attachments: #1 Writ of Execution, #2 Summons to Garnishee, #3 Interrogatories, #4 Certificate of Service, #5 Form 285)(Kimmey, James)
February 9, 2009 Filing 23 Mail Returned as Undeliverable. Mail sent to Lyell Champion - docs #21 and #22 (Attachments: #1 Partial Default Judgment) (CEL)
February 4, 2009 Opinion or Order Filing 22 PARTIAL DEFAULT JUDGMENT :Pursuant to the Memorandum in Order issued herein on this day, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that judgment is enteredagainst Defendant for $80,781.46 in contributions due to Plaintiffs Funds for the period of January 1, 2005, through March 6, 2008, plus interest on such contributions in the amount of $8,446.05, plus liquidated damages in the amount of $8,078.14. IT IS FURTHER ORDERED, ADJUDGED, and DECREED that judgment is entered against Defendant for $4,605.33 in contributions due to Local No. 396, plus interest in the amount of $697.67. IT IS FURTHER ORDERED, ADJUDGED, and DECREED that judgment is entered against Defendant for $13,673.85 for breach of a settlement agreement between the parties, plus interest of $3,281.72. IT IS FURTHER ORDERED, ADJUDGED, and DECREED that judgment is entered against Defendant for costs of $350.00, plus attorney's fees in the amount of $14,211.00. cc: deft at 303 N. Union, Ste. 200, St. Louis, MO 63108. Signed by Mag Judge Audrey G. Fleissig on 2/4/09. (CEL)
February 4, 2009 Opinion or Order Filing 21 MEMORANDUM AND ORDER re: #18 ORDERED that Plaintiffs' motion for partial default judgment is GRANTED [Doc. 18]. IT IS FURTHER ORDERED that Defendant shall pay Plaintiffs $80,781.46 in contributions due to Plaintiffs Funds for the period of January 1, 2005, through March 6, 2008, plus interest on such contributions in the amount of $8,446.05, plus liquidated damages in the amount of $8,078.14. IT IS FURTHER ORDERED that Defendant shall pay Plaintiffs $4,605.33 in contributions due to Local No. 396, plus interest in the amount of $697.67. IT IS FURTHER ORDERED that Defendant shall pay Plaintiffs $13,673.85 for breach of a settlement agreement between the parties, plus interest of $3,281.72. IT IS FURTHER ORDERED that Defendant shall pay Plaintiffs costs of$350.00, plus attorney's fees in the amount of $14,211.00. FURTHER ORDERED that Defendant shall have up to and including March 2, 2009, to submit its books to an audit for the period of March 7, 2008, through the date of entry of this Memorandum and Order. IT IS FURTHER ORDERED that the Clerk's Office is directed to serve a copy of this Memorandum and Order on Defendant DKW Construction, Inc.A separate Partial Default Judgment shall accompany this Memorandum and Order. cc: deft at 303 N. Union, Ste. 200, St. Louis, MO 63108. Signed by Mag Judge Audrey G. Fleissig on 2/4/09. (CEL)
February 4, 2009 Opinion or Order ORDER RECEIPT: (see receipt) Wed Feb 4 15:19:19 CST 2009 (Lippold, Carrie)
February 4, 2009 Opinion or Order ORDER RECEIPT: (see receipt) Wed Feb 4 15:24:30 CST 2009 (Lippold, Carrie)
August 20, 2008 Filing 20 Mail Returned as Undeliverable. Mail sent to Lyle Champagne : Entry of Default dated 8/14/08 - "moved left no address - unable to forward" (CEL)
August 14, 2008 Filing 19 MEMORANDUM in Support of Motion re #18 MOTION for Default Judgment filed by Plaintiffs Iron Workers St. Louis District Council Annuity Trust, Iron Workers St. Louis District Council Pension Fund Trust, Iron Workers St. Louis District Council Welfare Plan, Local No. 396, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO, Local No. 392, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO. (Attachments: #1 Exhibit Exh.1_LU 392 Agreement, #2 Exhibit Exh.2_Local 396 Agreement, #3 Exhibit Exh.3_Annuity Trust Document, #4 Exhibit Exh.4_Pension Trust Document, #5 Exhibit Exh.5_Welfare Trust Document, #6 Exhibit Exh.6_Audit, #7 Exhibit Exh.7_Massa Affidavit, #8 Exhibit Exh.8_Statement of James R. Kimmey, #9 Exhibit Exh.9_McNeil Affidavit, #10 Exhibit Exh.10_Beard Affidavit, #11 Exhibit Exh.11_Settlement Agreement, #12 Exhibit Exh.12_Polatsidis Affidavit, #13 Exhibit Exh.13_Local 396 Interest Statement, #14 Exhibit Exh.14_Local 392 Interest, #15 Text of Proposed Order Proposed Default Judgment)(Kimmey, James)
August 14, 2008 Filing 18 MOTION for Default Judgment by Plaintiffs Iron Workers St. Louis District Council Annuity Trust, Iron Workers St. Louis District Council Pension Fund Trust, Iron Workers St. Louis District Council Welfare Plan, Local No. 396, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO, Local No. 392, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO. (Kimmey, James)
August 14, 2008 Filing 17 Clerk's ENTRY OF DEFAULT as to Defendant DKW Construction Co., Inc. (CEL)
August 14, 2008 ***REMARK - copy of entry of default mailed to deft. DKW and atty Champagne (CEL)
August 4, 2008 Opinion or Order Filing 16 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that deft.'s answer is stricken. (doc. #4)IT IS FURTHER ORDERED that the Clerk's office shall enter an order of default against deft. Pltffs. shall have up to and including 8/18/08 to file a mtn. for jgm. of default. IT IS FURTHER ORDERED that pltffs.' mtn. for an award of atty.'s fees is hereby granted against Lyell H. Champagne and Champagne Law Firm, LLC., jointly and severally, in the amount of $960.00. Response to Court due by 8/18/2008. Signed by Mag Judge Audrey G. Fleissig on 8/4/08. cc: deft.(CLA)
August 4, 2008 Opinion or Order Filing 15 ORDER granting #14 Motion for Attorney Fees Signed by Mag Judge Audrey G. Fleissig on 8/4/08. (CLA)
August 4, 2008 Opinion or Order ORDER RECEIPT: (see receipt) Mon Aug 4 10:20:26 CDT 2008 (Abrams, Carrie)
June 26, 2008 Filing 14 MOTION for Attorney Fees by Plaintiffs Iron Workers St. Louis District Council Annuity Trust, Iron Workers St. Louis District Council Pension Fund Trust, Iron Workers St. Louis District Council Welfare Plan, Local No. 396, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO, Local No. 392, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO. (Attachments: #1 Affidavit Affidavit of James R. Kimmey, #2 Exhibit Exh.1_Fee Statement)(Kimmey, James)
June 24, 2008 Opinion or Order Filing 13 ORDER: ORDERED that the Clerk of Court shall send a copy of this Order and the Amended Order to Show Cause (Doc. #12) to Defendant DKW Construction Co., Inc. at the last address for Defendant shown in the Court file. IT IS FURTHER ORDERED that Plaintiff shall have until July 11, 2008 to file any request for relief related to this matter. Response to Court due by 7/11/2008. cc: deft at 303 N. Union, Ste. 200, St. Louis, MO 63108. Signed by Mag Judge Audrey G. Fleissig on 6/24/08. (CEL)
June 12, 2008 Opinion or Order Filing 12 AMENDED ORDER TO SHOW CAUSE: ORDERED that Defendant shall show cause, in writing, on orbefore Monday, June 23, 2008, why sanctions should not be entered for Defendant's noncompliance, which sanctions may include but not be limited to (i) striking Defendants answer and entering an order of default, and (ii) the payment by Defendant and/or defense counsel of reasonable expenses, including attorneys fees, incurred by Plaintiffs. Show Cause Response due by 6/23/2008.. Signed by Mag Judge Audrey G. Fleissig on 6/12/08. (CEL)
June 12, 2008 Opinion or Order Filing 11 ORDER TO SHOW CAUSE :ORDERED that Defendant and its attorney shall show cause, in writing, on or before Monday, June 23, 2008, why sanctions should not be entered for Defendant's noncompliance, which sanctions may include but not be limited to (i) striking Defendant's answer and entering an order of default, and (ii) the payment by Defendant and/or defense counsel of reasonable expenses, including attorney's fees, incurred by Plaintiffs. Show Cause Response due by 6/23/2008.. Signed by Mag Judge Audrey G. Fleissig on 6/12/08. (CEL)
May 29, 2008 Opinion or Order Filing 10 ORDER Defense counsel having failed to appear for the Rule 16 Conference on May 29, 2008, it is hereby rescheduled for Wednesday, June 11, 2008 at 2:00 p.m. Counsel is required to appear. Rule 16 Conference set for 6/11/2008 02:00 PM In Chambers before Mag Judge Audrey G. Fleissig. Signed by Mag Judge Audrey G. Fleissig on 5/29/08. (MJM)
May 23, 2008 Filing 9 JOINT SCHEDULING PLAN by Plaintiffs Iron Workers St. Louis District Council Annuity Trust, Iron Workers St. Louis District Council Pension Fund Trust, Iron Workers St. Louis District Council Welfare Plan, Local No. 396, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO, Local No. 392, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO, Defendant DKW Construction Co., Inc... (Kimmey, James)
May 1, 2008 Opinion or Order Filing 8 ORDER SETTING RULE 16 CONFERENCE: This case is assigned to Track: 2. Joint Scheduling Plan due by 5/22/2008. Rule 16 Conference set for 5/29/2008 02:00 PM in In Chambers before Mag Judge Audrey G. Fleissig. Signed by Mag Judge Audrey G. Fleissig on 5/1/08. (TRC)
May 1, 2008 Filing 7 FULL CONSENT has been received by by Plaintiffs Iron Workers St. Louis District Council Annuity Trust, Iron Workers St. Louis District Council Pension Fund Trust, Iron Workers St. Louis District Council Welfare Plan, Local No. 396, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO, Local No. 392, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO, Defendant DKW Construction Co., Inc.. Consent to Magistrate Judge, Consent to Magistrate Judge. (CLA)
January 22, 2008 Filing 4 ANSWER to #1 Complaint,, by DKW Construction Co., Inc..(Champagne, Lyell)
January 22, 2008 Filing 3 ENTRY of Appearance by Lyell H. Champagne for Defendant DKW Construction Co., Inc.. (Attachments: #1 Entry of Appearance)(Champagne, Lyell)
December 4, 2007 Filing 2 SUMMONS Returned Executed filed by Iron Workers St. Louis District Council Annuity Trust, Iron Workers St. Louis District Council Pension Fund Trust, Iron Workers St. Louis District Council Welfare Plan, Local No. 396, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO, Local No. 392, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO. DKW Construction Co., Inc. served on 11/29/2007, answer due 12/19/2007. (Kimmey, James)
November 21, 2007 Filing 1 COMPLAINT against defendant DKW Construction Co., Inc. 1 Summons(es) issued, Consents issued 2, Disclosure of Corporate Interest issued to 1, Non-Jury Demand,, filed by Iron Workers St. Louis District Council Annuity Trust, Iron Workers St. Louis District Council Pension Fund Trust, Iron Workers St. Louis District Council Welfare Plan, Local No. 396, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO, Local No. 392, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO. (Attachments: #1 Civil Cover Sheet, #2 Original Filing Form)(KMH)

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Search for this case: Iron Workers St. Louis District Council Annuity Trust et al v. DKW Construction Co., Inc.
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Plaintiff: Iron Workers St. Louis District Council Annuity Trust
Represented By: James R. Kimmey, III
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Plaintiff: Iron Workers St. Louis District Council Pension Fund Trust
Represented By: James R. Kimmey, III
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Plaintiff: Iron Workers St. Louis District Council Welfare Plan
Represented By: James R. Kimmey, III
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Plaintiff: Local No. 396, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO
Represented By: James R. Kimmey, III
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Plaintiff: Local No. 392, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO
Represented By: James R. Kimmey, III
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Defendant: DKW Construction Co., Inc.
Represented By: Lyell H. Champagne
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