Construction Industry Laborers Pension Fund et al v. Concrete Coring of North America, Inc.
| Patrick R. Pryor, James P Fitzgerald, Construction Industry Laborers Pension Fund, Construction Industry Laborers Welfare Fund and Steve Schrimpf |
| Concrete Coring of North America, Inc. |
| 4:2021cv00084 |
| January 22, 2021 |
| US District Court for the Eastern District of Missouri |
| Shirley Padmore Mensah |
| John A Ross |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
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Filing 12
ORDER AND JUDGMENT OF DEFAULT IT IS HEREBY ORDERED, ADJUDGED AND DECREED that on Count I of the complaint, Plaintiffs shall recover of Defendant, Concrete Coring of North America, Inc., for the period January 1, 2015 through December 31, 2019, the sum of $10,652.17, consisting of $6,977.75 in delinquent contributions; $1,535.23 in liquidated damages; $969.06 in interest on the unpaid contributions; and $1,170.13 in attorneys' fees. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that on Count II of the complaint, Plaintiffs shall recover of Defendant, Concrete Coring of North America, Inc., for the period January 1, 2015 through December 31, 2019, the sum of $12,466.62, consisting of $8,374.80 in delinquent contributions; $1,791.12 in liquidated damages; $1,130.57 in interest on the unpaid contributions; and $1,170.13 in attorneys fees. IT IS FINALLY ORDERED, ADJUDGED AND DECREED that Defendant, Concrete Coring of North America, Inc., shall maintain records with respect to each employee sufficient to determine the fringe benefits due or which may become due to such employees as required by Section 209 of Employee Retirement Income Security Act of 1974, 29 U.S.C. 1059. Signed by District Judge John A. Ross on 3/15/2021. (LNJ) (cc: Gary M. Siegel, Registered Agent for Concrete Coring Company of North America, Inc., 601 S. Lindbergh Blvd., St. Louis, MO 63131, on 3/16/21.) Modified on 3/16/2021 (LNJ).
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| Filing 11 REASSIGNMENT ORDER (GJL). Pursuant to full consent to jurisdiction by a Magistrate Judge not being received, IT IS HEREBY ORDERED that the above styled cause is randomly reassigned from Magistrate Judge Shirley Padmore Mensah to District Judge John A. Ross. (KXS) (cc: Gary M. Siegel, Registered Agent for Concrete Coring Company of North America, Inc., 601 S. Lindbergh Blvd., St. Louis, MO 63131, this date.) |
| Filing 10 Clerk's ENTRY OF DEFAULT as to Defendant Concrete Coring of North America, Inc. ; cc: Gary M. Siegel, Registered Agent for Concrete Coring Company of North America, Inc., 601 S. Lindbergh Blvd., St. Louis, MO 63131, this date.) (MCB) |
| Filing 9 AFFIDAVIT re #5 MOTION for Default Judgment in support of attorneys' fees by Plaintiffs Construction Industry Laborers Pension Fund, Construction Industry Laborers Welfare Fund, James P Fitzgerald, Patrick R. Pryor, Patrick R. Pryor, Steve Schrimpf. (Attachments: #1 Affidavit Affidavit in support of Attorney Fees)(Sollars, Bradley) |
| Filing 8 AFFIDAVIT re #5 MOTION for Default Judgment in support of unpaid contributions by Plaintiffs Construction Industry Laborers Pension Fund, Construction Industry Laborers Welfare Fund, James P Fitzgerald, Patrick R. Pryor, Patrick R. Pryor, Steve Schrimpf. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Sollars, Bradley) |
| Filing 7 MOTION for Entry of Clerk's Default against Defendant by Plaintiffs Construction Industry Laborers Pension Fund, Construction Industry Laborers Welfare Fund, James P Fitzgerald, Patrick R. Pryor, Patrick R. Pryor, Steve Schrimpf. (Attachments: #1 Affidavit Affidavit of Failure to Plead, #2 Text of Proposed Order Clerk's Entry of Default)(Sollars, Bradley) |
| Filing 6 MEMORANDUM in Support of Motion re #5 MOTION for Default Judgment filed by Plaintiffs Construction Industry Laborers Pension Fund, Construction Industry Laborers Welfare Fund, James P Fitzgerald, Patrick R. Pryor, Patrick R. Pryor, Steve Schrimpf. (Attachments: #1 Affidavit Affidavit of Failure to Plead, #2 Text of Proposed Order Proposed Order)(Sollars, Bradley) |
| Filing 5 MOTION for Default Judgment by Plaintiffs Construction Industry Laborers Pension Fund, Construction Industry Laborers Welfare Fund, James P Fitzgerald, Patrick R. Pryor, Patrick R. Pryor, Steve Schrimpf. (Sollars, Bradley) |
| Filing 4 SUMMONS Returned Executed filed by Steve Schrimpf, Construction Industry Laborers Pension Fund, Patrick R. Pryor, Construction Industry Laborers Welfare Fund, James P Fitzgerald. All Defendants. (Sollars, Bradley) |
| Receipt 4644091860 in the amount of $402.00 for CIVIL FILING FEE on behalf of ARNOLD, NEWBOLD, SOLLARS (CCAM) |
| Judge Mensah enters a Standing Order in all of her cases as follows: See Order for details #https://www.moed.uscourts.gov/judge/shirley-padmore-mensah (EAB) |
| Filing 3 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (FLJ) |
| Filing 2 NOTICE OF PROCESS SERVER by Plaintiffs Construction Industry Laborers Pension Fund, Construction Industry Laborers Welfare Fund, James P Fitzgerald, Patrick R. Pryor, Steve Schrimpf Process Server: AAA Process Service (Sollars, Bradley) |
| Filing 1 COMPLAINT against defendant All Defendants Non-Jury Demand,, filed by Steve Schrimpf, Construction Industry Laborers Pension Fund, Patrick R. Pryor, Construction Industry Laborers Welfare Fund, James P Fitzgerald. (Attachments: #1 Civil Cover Sheet, #2 Original Filing Form, #3 Summons)(Sollars, Bradley) |
| Case Opening Notification: 1 Summons(es) issued. The summons was emailed to attorney Bradley J. Sollars. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. and all non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). Judge Assigned: U.S. Magistrate Judge Shirley P. Mensah. (BAK) |
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