Board of Trustees of the Sheet Metal Workers Health Care Plan of Northern California et al v. Superhall Mechanical Inc

Filing 33

ORDER Re Supplemental Briefing and/or Evidence. Signed by Judge Edward M. Chen on 5/25/2011. (emcsec, COURT STAFF) (Filed on 5/25/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BOARD OF TRUSTEES OF THE SHEET
METAL WORKERS HEALTH CARE PLAN
OF NORTHERN CALIFORNIA, et al.,

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For the Northern District of California

United States District Court

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Plaintiffs,

No. C-10-2212 EMC

ORDER RE SUPPLEMENTAL
BRIEFING AND/OR EVIDENCE

v.

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SUPERHALL MECHANICAL, INC.,

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Defendant.
___________________________________/

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Plaintiffs have moved for default judgment. Having reviewed the papers submitted, the

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Court hereby orders that Plaintiffs provide supplemental briefing and/or evidence to address the

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following issues.

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(1)

It is not clear from Plaintiffs’ papers whether the relevant Trust Agreements all have

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the same liquidated damages provision. See Carroll Decl. ¶ 6 (stating that the provision for court

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costs and attorney fees contained in the Pension Trust Agreement is also contained in the other Trust

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Agreements; no express reference to liquidated damages).

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(2)

In his declaration, Mr. Carroll states that he “was present at the September 22, 1989

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and the December 15, 2009 Sheet Metal Workers Board Meeting when the trustees adopted

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liquidated damages at the 20% rate and interest at the 10% rate.” Carroll Decl. ¶ 8. It is not clear

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whether the trustees adopted these rates for all of the trust funds at issue.

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(3)

In the complaint, Plaintiffs allege that Defendant owes contributions, interest,

liquidated damages, and attorney’s fees based on a collective bargaining agreement (“CBA”) entered

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into with Sheet Metal Workers Local Union No. 104. See Compl. ¶ 5. However, Plaintiff appear to

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seek in their motion for default judgment not only money owed pursuant to the CBA, see Van

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Buskirk Decl., Ex. 1 (CBA), but also money owed pursuant to a Subscription Agreement. See id.,

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Ex. 2 (Subscription Agreement). Thus, arguably, there is an issue as to whether Plaintiffs are

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seeking damages beyond those put at issue in the complaint. In this regard, the Court notes that the

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CBA does not appear to cover one of the Trust Funds at issue (i.e., the Sheet Metal Workers Health

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Care Plan of Northern California) that the Subscription Agreement does.1

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issues by June 1, 2011. In addition, the Court orders Plaintiffs to serve a copy of this order on
Defendant. Proofs of service shall be promptly filed in both instances.

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For the Northern District of California

United States District Court

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Plaintiffs shall file and serve supplemental briefing and/or evidence to address the above

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IT IS SO ORDERED.

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Dated: May 25, 2011

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_________________________
EDWARD M. CHEN
United States District Judge

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It appears that there is a difference between the Sheet Metal Workers Health Care Plan of
Northern California (Subscription Agreement) and the Sheet Metal Workers Local 104 Health Care
Plan (CBA).

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