Cement Masons v. Surface Pros LLC and Stacey Ripley
Cement Masons, Plasterers, and Shophands Service Corporation v. Surface Pros LLC and Stacey Ripley, individually
- John Tunheim
- 0:24-cv-03827
- U.S. District Court · District of Minnesota
- 3
Judge Tunheim granted Cement Masons, Plasterers, and Shophands Service Corporation's motion for attorney's fees, ordering defendants Surface Pros LLC and Stacey Ripley to pay $46,943.00 under federal pension law.
Employers who are required to make contributions to multiemployer employee benefit plans under ERISA, and plan fiduciaries who sue to enforce those contribution obligations, may be affected by this ruling, which illustrates that attorney's fees are mandatory when a plan prevails on such a claim.
What happened
In Cement Masons, Plasterers, and Shophands Service Corporation v. Surface Pros LLC and Stacey Ripley, the court previously granted summary judgment against the defendants, finding them jointly and severally liable for unpaid fringe benefit contributions, liquidated damages, and interest under the Employee Retirement Income Security Act (ERISA), a federal law governing employee benefit plans. The plaintiff then filed a motion seeking attorney's fees from the defendants.
Under ERISA, when a plan fiduciary successfully sues to enforce an employer's obligation to make contributions to a multiemployer benefit plan, an award of reasonable attorney's fees is mandatory. The defendants did not oppose any part of the motion. The court reviewed the plaintiff's billing records and found that the attorneys' hourly rates — ranging from $225 to $390 per hour — and the total of 132.9 hours billed were both reasonable.
Judge John R. Tunheim granted the plaintiff's motion for attorney's fees and ordered the defendants, Surface Pros LLC and Stacey Ripley, to pay $46,943.00 in attorney's fees.
The detailed version
- Cement Masons v. Surface Pros LLC and Stacey Ripley · No. 0:24-cv-03827
- John Tunheim
- Aug. 18, 2026
Background
This case arises under ERISA (the Employee Retirement Income Security Act, 29 U.S.C. § 1132), a federal statute governing employee benefit plans. In April 2026, the court granted summary judgment in favor of the plaintiff, Cement Masons, Plasterers, and Shophands Service Corporation, finding defendants Surface Pros LLC and Stacey Ripley jointly and severally liable for unpaid fringe benefit contributions, liquidated damages, and interest under 29 U.S.C. § 1132(g)(2)(A)–(D). The plaintiff then moved for attorney's fees on May 13, 2026.
Legal Standard
ERISA's fee-shifting provision, 29 U.S.C. § 1132(g)(2)(D), mandates an award of reasonable attorney's fees and costs when a fiduciary successfully sues to enforce an employer's obligation to make contributions to a multiemployer plan and a judgment in favor of the plan is awarded. The court cited prior district court authority confirming this mandatory nature. Defendants did not oppose any aspect of the fee motion.
Analysis
Hourly Rates
The court found the plaintiff's requested hourly rates — ranging from $225 to $390 per hour — to be reasonable, citing a prior District of Minnesota decision that approved a comparable range of $160 to $385 per hour.
Hours Billed
The court reviewed the documentation submitted in support of 132.9 total hours of legal work billed in this case and found those hours to be reasonable.
Total Fee Award
Based on the reasonable rates and hours, and defendants' liability under 29 U.S.C. § 1132(g)(2)(D), the court ordered defendants to pay $46,943.00 in attorney's fees.
Disposition
Plaintiff's Motion for Attorney's Fees (Docket No. 49) was granted. The court ordered defendants Surface Pros LLC and Stacey Ripley to pay plaintiff $46,943.00 in attorney's fees, with judgment to be entered accordingly.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.