The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
PAINTERS DISTRICT COUNCIL NO. 58 )
et.al., )
)
Plaintiffs, )
)
vs. ) Cause No: 4:25-CV-00430
)
LANDMARK INTERIORS, LLC, )
and CARDIN RACKLEY, )
)
Defendants. )
OPINION, MEMORANDUM AND ORDER
This matter is before the Court on Plaintiffs’ motion for default judgment against
Landmark Interiors, LLC and Cardin Rackley (hereinafter, “Defendants”).
Plaintiffs filed this action on April 2, 2025 under the Employee Retirement
Security Act, 29 U.S.C. §§ 1132 and 1145, and the Labor Management Relations
Act, 29 U.S.C. § 185. The Complaint alleges the Defendants have failed to make
accounting and fully pay several employee benefit funds and contributions due
under the collective bargaining agreement between the Defendant Landmark
Interiors, LLC and its employees’ union. Plaintiffs are the union and the trustees,
sponsors and/or fiduciaries of the various funds.
The Clerk of Court entered an order of default against the Defendants on
May 19, 2025. Plaintiffs have filed a motion seeking a default judgment and order
for accounting under the parties’ trust documents, collective bargaining agreement
and common law under ERISA. When the Clerk of Court has entered default
against a defendant, the “allegations of the complaint except as to the amount of
damages are taken as true.” Mueller v. Jones, No. 2:08CV16 JCH, 2009 WL
500837, at *1 n.2 (E.D. Mo. Feb. 27, 2009) (quoting Brown v. Kenron Aluminum
& Glass Corp., 477 F.2d 526, 531 (8th Cir. 1973)). Accordingly, in deciding the
present motion for default judgment, the Court accepts as true the factual
allegations contained in the Plaintiffs’ Complaint together with those affidavits
presented in the Plaintiffs’ motion and memorandum in support as they relate to the
Plaintiffs’ damages and prayer for relief. Based on those allegations and affidavits,
Plaintiffs are entitled to the relief requested.
Accordingly,
IT IS HEREBY ORDERED that Plaintiffs’ motion for full default
judgment against the Defendants is GRANTED. Plaintiffs are awarded delinquent
fringe benefit contributions, dues and deductions, liquidated damages and
attorney’s fees and costs against the Defendants, jointly and severally, in the
amount of $142,828.12 in delinquent fringe benefit contributions, dues and
deductions and liquidated damages thereon.
IT IS FURTHER ORDERED that Plaintiffs are granted the right their
requested accounting of Defendants’ records for the period of September 1, 2024 to
present. Defendants shall submit to the requested financial examination within ten
(10) days of this Court’s Order. Defendants are ordered to submit contractually
required work reports accurately and promptly when due.
The Plaintiffs shall enjoy the right to immediately execute upon this
judgment.
Dated this 21*' day of July, 2025.
UNITED STATES DISTRICT JUDGE