IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

Carol A. Wilson, Administrator,

et al.,

Plaintiffs,

v. Case No. 2:18-cv-842

C3 BHC LLC,

Defendant.

ORDER GRANTING DEFAULT JUDGMENT

AND REQUEST FOR AN AUDIT

This is an action brought by Carol A. Wilson, Administrator of

the Ohio Operating Engineers Health and Welfare Plan, Ohio

Operating Engineers Pension Fund, the Ohio Operating Engineers

Apprenticeship and Training Fund, the Ohio Operating Engineers

Education and Safety Fund (collectively “the Funds”), and the

trustees of those Funds. According to the allegations in Count I

of the complaint, Doc. 1, pp. 5-6, and the affidavit of

Administrator Wilson, Doc. 18-1, p. 1, defendant is a party to a

collective bargaining agreement known as the Acceptance National

Pipeline Agreement (“the Agreement”). This Agreement obligated

defendant to make contributions to the Funds and to open its books

and records to the Funds for periodic audits with respect to the

hours worked by and wages paid to employees of the defendant

covered by the Agreement. In her affidavit, Administrator Wilson

states that defendant has failed to permit an audit of its books

and records from September 1, 2015, to the present as required by

the Agreement and the related trust agreements and declarations of

trust. Doc. 18-1, p. 2. See also Complaint, ¶ 12. The record

reflects that defendant was served with the complaint on January
22, 2019. Doc. 13. Defendant did not file an answer to the

complaint. An entry of default was filed by the clerk on March 12,

2019. Doc. 16.

This matter is before the court on plaintiffs’ motion for

default judgment and for an order directing defendant to make

certain records available for an audit. Plaintiffs seek an order

permitting plaintiffs to audit defendant’s books and records with

respect to the hours worked by and wages paid to employees of the

defendant who were covered by the Agreements.

Upon consideration of the pleadings, plaintiffs’ motion, and

the affidavit of Administrator Wilson, the motion (doc. 18) is

granted. The court finds that plaintiffs are entitled to default

judgment. However, plaintiffs are not in a position to request the

entry of final judgment in this case because the amount of damages

is undetermined due, in large part, to the plaintiffs’ previous

lack of access to defendant’s records. The court finds that

plaintiffs are entitled to audit defendant C3 BHC, LLC’s books and

records for the period from September 1, 2015, to the present with

respect to the hours worked by, wages paid to, and fringe benefit

contributions made on behalf of employees of defendant working

within the trade jurisdiction of the International Union of

Operating Engineers, Local Union Nos. 18, 1A and 18B.

It is hereby ordered that defendant make available to

plaintiffs for audit the following records for the period beginning

September 1, 2015, to the present, relating to the hours worked by,

wages paid to, and fringe benefit contributions made on behalf of

employees of defendant working within the trade jurisdiction of the

International Union of Operating Engineers, Local Union Nos. 18, 1A

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and 18B: all individual earnings records, weekly payroll journals,

and other payroll records of the defendant; all quarterly

withholding tax and FICA tax returns (Form 941) of the defendant;

and all Form W-2s of the defendant. Defendant shall make these

records available to plaintiffs within thirty days of the date of

this order.

The entry of final judgment is stayed pending the results of

the audit and a determination of damages in this case. Plaintiffs

shall file a status report with the court within ninety days of the

date of this order concerning the progress of the audit. 

Date: May 29, 2019 s/James L. Graham 

 James L. Graham

 United States District Judge 

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