Painters District Council No. 58 et al v. Diversified Painting Services, LLC
| Painters District Council No. 58, Greg Smith, St. Louis Painters Pension Trust, St. Louis Painters Welfare Trust, St. Louis Painters Vacation Trust, Painters District Council No. 2 Apprenticeship and Journeyman Training Trust, Gregg Smith, David Doerr, Rich Lucks, William Boevingloh, Carl Farrell, Donald Thomas, Daniel Wienstroer, Michael Smith, Daniel Hanson, Steve Phillipp, Jr., Mark Borgmann, Dane McGraw, Joseph Keipp, Tim Weis and Fred Phillipp, Jr. |
| Diversified Painting Services, LLC |
| 4:2016cv00513 |
| April 13, 2016 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - City |
| Shirley Padmore Mensah |
| Employee Retirement Income Security Act of 1974 |
| 28 U.S.C. ยง 1132 |
| None |
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Filing
61
MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that Plaintiffs' motion for entry of full default judgment 60 against the Defendant is GRANTED, and Plaintiffs shall recover from Defendant the sum of $279,635.09, which is comprised of the following: (1) $30,066.26 remaining to be paid on the April 2017 partial default judgment; (2) $189,491.67 in delinquent contributions and dues deductions as a result of payroll examination for the period of November 9, 2015, through November 8, 2016, and $37,898.32 in liquidated damages thereon; (3) $15,995.70 in attorneys' fees; (4) $1451.67 in costs; and (5) $4731.47 in payroll audit fees. A separate full default judgment is entered herewith. Signed by District Judge Catherine D. Perry on 1/3/2018. (CBL)
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Filing
22
MEMORANDUM AND ORDER ON PLAINTIFFS' MOTION FOR ENTRY OF DEFAULT JUDGMENT - ACCOUNTING. (See Full Order.) IT IS HEREBY ORDERED that Plaintiffs' motion for default judgment against the Defendant is GRANTED. Plaintiffs are awarded delinque nt fringe benefit contributions, dues and deductions, liquidated damages and attorney's fees and costs against the Defendant in the amount of $78,645.65 in delinquent fringe benefit contributions, dues and deductions and liquidated dama ges thereon for a period of the weeks ending April 5, 2016 through week ending August 2, 2016 (related to employee hours), and weeks ending April 12, 2016 through April 26, 2016 and again for weeks ending June 21, 2016 through August 2, 2016 (relat ed to owner operator hours). [Sucharski Affidavit, 10]. (Doc. 17). Plaintiffs are further granted their requested accounting of Defendant's records for the period of November 9, 2015 to November 8, 2016. Defendant shall submit to the requested financial examination within thirty (30) days of this Court's Order. The Plaintiffs shall enjoy the right to immediately execute upon this judgment. Signed by District Judge Catherine D. Perry on 4/4/2017. (Certified Order sent to Diversified Painting Services, LLC at address used for service this date.) (CBL)
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