Department of Labor v. Craftsman Independent Union et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DlVISION
LORI CHAVEZ-DEREMER, 	)
Secretary of Labor, United States 	)
Department of Labor,1 	) 	Case No. 1:11 CV 87 CDP
)
Plaintiff, 	)
)
v. 	)
)
CRAFTSMAN INDEPENDENT UNION, 	)
a labor organization, 	)
CRAFTSMAN INTERNATIONAL
UNION, )
)
a labor organization, 	)
FRED KELLEY, an individual, 	)
WILLIAM KITCHEN, an individual, 	)
RANDY KITCHEN, an individual, 	)
NELSON FIEDLER, an individual, 	)
JERRY MILLER, an individual, 	)
TERRENCE KELLEY, an individual, 	)
JERRY DEWROCK, an individual, 	)
EDWARD DOWNS, JR., an individual, 	)
CRAFTSMAN INDEPENDENT UNION 	)
LOCAL #1 TRAINING FUND, 	)
an employee benefit plan, 	)
and CRAFTSMAN INDEPENDENT
UNION LOCAL #1 HEALTH, )
)
WELFARE AND HOSPITALIZATION 	)
FUND, 	)
an employee benefit plan, 	)
)
Defendants. 	)
1 On March 11, 2025, Lori Chavez-DeRemer became the U.S. Secretary of Labor. She is substituted
for the former Secretary as plaintiff in this action. See Fed. R. Civ. P. 25(d).
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2
MEMORANDUM AND ORDER OF DISCHARGE
Receivership Management, Inc. (RMI), the court-appointed independent
fiduciary of defendant Craftsman Independent Union Local #1 Health, Welfare and
Hospitalization Fund (the Health & Welfare Plan), moves this Court: (1) for
discharge and release from its duties as court-appointed independent fiduciary in
this action with respect to the Health & Welfare Plan, the Craftsman Independent
Union Health, Welfare, and Hospitalization Fund (the Trust), and any other plans
or trusts involved in this action; and (2) in connection with the Trust’s termination
and independent fiduciary’s discharge and release, for permission to destroy all
extant records of the Plan and/or the Trust and any other plans or trusts involved in
this action, pursuant to 29 U.S.C. § 1132(a)(3). No opposition to RMI’s motion
was filed, and the time to do so has passed.
Upon consideration of the history of this action and RMI’s role as
independent fiduciary (see generally ECF 36, Memo. & Ord. of Reformation, filed
Oct. 22, 2021); the representations made in RMI’s motion, memorandum, and
declaration of its president; and the lack of opposition to the motion, I will grant the
motion for discharge and release RMI from its duties as independent fiduciary in this
action and, further, will permit the destruction of the described records as requested.
Accordingly, pursuant to ERISA Section 502(a)(3), 29 U.S.C. § 1132(a)(3),
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3
IT IS HEREBY ORDERED that Receivership Management, Inc.’s Motion
to Discharge the Independent Fiduciary of the Craftsman Independent Union Health,
Welfare and Hospitalization Fund [41] is GRANTED.
IT IS FURTHER ORDERED that Receivership Management, Inc., is
discharged and released from its duties as court-appointed independent fiduciary in
this action with respect to the Craftsman Independent Union Local #1 Health,
Welfare and Hospitalization Fund (the Health & Welfare Plan); the Craftsman
Independent Union Health, Welfare, and Hospitalization Fund (the Trust); and any
other plans or trusts involved in this action.
IT IS FURTHER ORDERED that, in connection with the Trust’s
termination and independent fiduciary’s discharge and release, Receivership
Management, Inc., is permitted to destroy all extant records of the Plan and/or the
Trust and any other plans or trusts involved in this action.
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 6th day of February, 2026.
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