Wisconsin Laborers Health Fund et al v. Cedarburg Landscaping Co., Inc.

MOTION FOR SUMMARY JUDGMENT

W.D. Wis.January 9, 2017

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN ______________________________________________________________________________ WISCONSIN LABORERS HEALTH FUND, WISCONSIN LABORERS APPRENTICESHIP & TRAINING FUND, BUILDING & PUBLIC WORKS LABORERS VACATION FUND, and JOHN J. SCHMITT (in his Capacity as Trustee), WISCONSIN LABORERS-EMPLOYERS COOPERATION AND EDUCATION TRUST FUND, WISCONSIN LABORERS DISTRICT COUNCIL, Plaintiffs, v. Case No. 14-cv-729 CEDARBURG LANDSCAPING CO., INC., Defendant. ______________________________________________________________________________ PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT ______________________________________________________________________________ Plaintiffs, by their attorneys, hereby move the Court for summary judgment on liability. Plaintiffs respectfully request for the Court to enter an order providing that: 1. Cedarburg Landscaping is liable to the Plaintiffs, pursuant to 29 U.S.C. §1145, for failing to make all fringe benefit contributions required by the Landscape Agreement during the time period of January 1, 2013 to the present; 2. Because of its inadequate record keeping, and in light of its failure to come forward with evidence demonstrating that any of the work hours were not covered by the Landscape Agreement, Cedarburg Landscaping is liable to make contributions to the Plaintiffs for all hours worked by its employees between January 1, 2013 and the present. 3. Grant to the Plaintiffs such other and further relief as the Court deems just and Case: 3:14-cv-00729-jdp Document #: 16 Filed: 01/09/17 Page 1 of 2 proper. This motion is supported by the attached memorandum of law, the Declaration of Yingtao Ho, and exhibits attached thereto. Dated this 9 th day of January, 2017. /s/Yingtao Ho_______________ Yingtao Ho (Bar Number: 1045418) Attorney for Plaintiffs THE PREVIANT LAW FIRM, S.C. 310 W. Wisconsin Avenue, Suite 100MW Milwaukee, WI 53203 Telephone: 414/271-4500 Fax: 414/271-6308 E-Mail: yh@previant.com Case: 3:14-cv-00729-jdp Document #: 16 Filed: 01/09/17 Page 2 of 2