Mo-Kan Iron Workers Pension Fund et al v. Legacy Underground Construction, Inc

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
MO-KAN IRON WORKERS PENSION
FUND, ET AL.,
Plaintiffs,
v.
LEGACY UNDERGROUND
CONSTRUCTION, INC.,
Defendant.
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Case No. 4:25-cv-00946-RK
ORDER
Before the Court is Plaintiffs’ motion for default judgment against Defendant Legacy
Underground Construction, Inc. (“Legacy Underground”). 	(Doc. 9.) A clerk’s entry of default
pursuant to Federal Rule of Civil Procedure 55(a) was previously entered against Legacy
Underground. (Doc. 6.) After careful review and for the reasons explained below, the motion for
default judgment is GRANTED.
Background
Plaintiffs in this action are three trust funds (the “Funds”) and trustees thereof: (1) Mo-Kan
Iron Workers Pension Fund;1 (2) Mo-Kan Iron Workers Welfare Fund; and (3) Mo-Kan Iron
Workers Apprenticeship, Training and Education Fund. The Funds were established as employee
benefit plans pursuant to collective bargaining agreements between the Builders Association of
Missouri and the International Association of Bridge, Structural and Ornamental Iron Workers,
Local Union No. 10, AFL-CIO.
According to the Complaint, Legacy Underground employed iron workers covered by the
collective bargaining agreements mentioned above. Legacy Underground agreed to be bound by
the collective bargaining agreements and Trust Agreement (collectively, the “Agreements”).
On December 4, 2025, Plaintiffs filed suit against Legacy Underground under §§ 502 and
515 of the Employment Retirement Income Security Act of 1977 (“ERISA”), codified at 29 U.S.C.
§§ 1132 and 1145, alleging liability for failure to make fringe benefit and/or annuity contributions
1 According to the Complaint, “The Trustees of the [Mo-Kan Iron Workers Pension Fund] have
established both a Pension Plan and an Annuity Plan pursuant to the Trust Agreement.” (Doc. 1 at ¶ 4.)
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to the Funds between December 1, 2023, through December 31, 2024, as required by § 1145.
Plaintiffs seek monetary and liquidated damages, including unpaid contributions and interest, audit
costs incurred in the prosecution of the case, and attorney fees. 	They further seek an order (1)
requiring Legacy Underground to specifically perform all provisions of the Agreements with
respect to the reporting and payment of contributions; (2) requiring Legacy Underground to make
cash deposits in advance of work and/or enter into an escrow arrangement with Plaintiffs or post
a corporate bond guaranteeing performance under the Agreements; and (3) requiring Legacy
Underground to maintain records sufficient to determine the benefits due to each employee.
Legal Standard
The Federal Rules of Civil Procedure prescribe a two-step procedure for obtaining a default
judgment against a defendant who does not appear or respond after being properly served with
process. See Fed. R. Civ. P. 55(a)-(b). First, when a party “has failed to plead or otherwise defend
. . . the clerk must enter the party’s default.” Fed. R. Civ. P. 55(a); Johnson v. Dayton Elec. Mfg.
Co., 140 F.3d 781, 783 (8th Cir. 1998) (entry of default by the clerk must precede grant of default
judgment under Rule 55(b)). If the judgment sought is not for a sum certain, a “party must apply
to the court for default judgment.” Fed. R. Civ. P. 55(b)(2). Allegations relating to the amount of
damages must be proven to a reasonable degree of certainty. Everyday Learning Corp. v. Larson,
242 F.3d 815, 818-19 (8th Cir. 2001). “Upon default, the factual allegations of a complaint (except
those relating to the amount of damages) are taken as true, but it remains for the court to consider
whether the unchallenged facts constitute a legitimate cause of action, since a party in default does
not admit mere conclusions of law.” Murray v. Lene, 595 F.3d 868, 871 (8th Cir. 2010) (internal
quotation marks omitted).
Discussion
ERISA provides “strict remedies to give employers a strong incentive to honor their
contractual obligations to contribute and to facilitate the collection of delinquent [ERISA plan]
accounts.” 	Kern v. Goebel Fixture Co., 765 F.3d 871, 875 (8th Cir. 2014). 	Specifically, an
employer must make contributions to an employee benefit plan if required to do so by a collective
bargaining agreement. 29 U.S.C. § 1145. 	An employer is civilly liable for violating ERISA
provisions or the terms of an agreed upon plan. 29 U.S.C. § 1132.
Taking the facts alleged in the Complaint as true, Legacy Underground was delinquent in
its contributions required under the Agreements from December 1, 2023, to December 31, 2024.
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This constitutes a violation of ERISA, and Legacy Underground is, therefore, liable to the Funds
and their trustees on Counts One through Three.
The remaining issue is the relief to which Plaintiffs are entitled and the judgment to be
entered accordingly. 	Once liability under ERISA is established, the Court is required to award
Plaintiff damages for: (1) unpaid contributions, (2) interest on the unpaid contributions,
(3) liquidated damages, (4) reasonable attorney fees and costs, and (5) other legal or equitable
relief deemed appropriate. 29 U.S.C. § 1132(g)(2).
Plaintiffs audited Legacy Underground’s books and records relating to Plaintiffs’ claims
and calculated all unpaid contributions, liquidated damages, and interest owed for the period
December 20, 2023, through December 31, 2024. In support of their motion for default judgment,
and to establish damages related to the delinquent contributions, Plaintiffs provide an affidavit and
supporting documentation from the auditor. (Docs. 10-1, 10-2.) The auditor attests that for the
period of December 20, 2023, through December 31, 2024, Legacy Underground owes $60,859.21
in unpaid principal contributions, $4,814.97 in interest, and $12,171.86 in liquidated damages. In
addition, the auditor states that the cost of the audit was $7,030.00.
Prior to approving attorney fees, the Court must determine that the fees are reasonable
under ERISA. 29 U.S.C. § 1132(g)(2)(D). See Kansas City Laborers Pension Fund v. Thummel,
738 F.2d 926, 931 (8th Cir. 1984). Plaintiffs provide an affidavit from Plaintiffs’ counsel. (Doc.
10-3.) Plaintiffs’ counsel attests that, in total, Plaintiffs have been billed $5,092.72 in connection
with this lawsuit. These fees are itemized and reflected in an attached billing statement. (Doc. 10-
4.) The Court finds that the time and fees incurred in this matter were reasonable.
Conclusion
Accordingly, after careful consideration and for the reasons explained above, the Court
ORDERS that Plaintiffs’ motion for default judgment is GRANTED and Plaintiffs are awarded
the amount of $86,472.54, which includes:
1. 	To Plaintiff Mo-Kan Iron Workers Pension Fund: $19,868.74 in unpaid fringe benefit
contributions and $17,181.00 in unpaid annuity contributions for the period of December
20, 2023, through December 31, 2024; $7,409.96 in liquidated damages; $2,932.47 in
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interest; $1,833.382 in attorney fees; and $2,249.603 in audit costs, for a total of
$51,475.15.
2. 	To Plaintiff Mo-Kan Iron Workers Welfare Fund: $21,339.50 in unpaid fringe benefit
contributions for the period of December 20, 2023, through December 31, 2024; $4,267.92
in liquidated damages; $1,687.21 in interest; $1,629.67 in attorney fees; and $2,530.80 in
audit costs, for a total of $31,455.10.
3. 	To 	Plaintiff 	Mo-Kan 	Iron Workers Apprenticeship, Training 	and 	Education 	Fund:
$2,469.97 in unpaid fringe benefit contributions for the period of December 20, 2023,
through December 31, 2024; $493.98 in liquidated damages; $195.29 in interest; $101.85
in attorney fees; and $281.20 in audit costs, for a total of $3,542.29.
Along with the monetary relief above, the Court further ORDERS that:
1. 	Legacy Underground shall specifically perform the provisions of the Agreements, present
and future, relating to the reporting and payment of fringe benefit contributions to Plaintiffs
on behalf of employees working under the collective bargaining agreements.
2. 	Legacy Underground shall put up cash deposits in advance of work and/or enter into an
escrow arrangement with Plaintiffs or post a corporate bond guaranteeing performance
under the Agreements.
3. 	Legacy Underground 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 29 U.S.C. § 1059.
IT IS SO ORDERED.
s/ Roseann A. Ketchmark
ROSEANN A. KETCHMARK, JUDGE
UNITED STATES DISTRICT COURT
DATED: October 13, 2026
2 Plaintiffs do not request attorney fees of $1,527.82 associated with the Annuity Plan which were
calculated in counsel’s affidavit. (See Doc. 9 at 2-3; Doc. 10-3 at 2.)
3 Plaintiffs do not request audit fees of $1,968.40 associated with the Annuity Plan which were
calculated in the auditor’s affidavit. (See Doc. 9 at 2-3; Doc. 10-1 at 3.)
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