U.A. Local No. 467 Pension Trust Fund et al v. Hydra Ventures Incorporated

Filing 20

ORDER - Third Order Re Supplemental Briefing and Evidence. Signed by Judge Edward M. Chen on 2/15/2013. (emcsec, COURT STAFF) (Filed on 2/15/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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U.A. LOCAL NO. 467 PENSION TRUST
FUND, et al.,

No. C-12-3746 EMC

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Plaintiffs,

THIRD ORDER RE SUPPLEMENTAL
BRIEFING AND EVIDENCE

v.
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For the Northern District of California

United States District Court

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HYDRA VENTURES INCORPORATED,
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Defendant.
___________________________________/

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Plaintiffs U.A. Local No. 467 Pension Trust Fund, U.A. Local No. 467 Health and Welfare

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Trust Fund, Pipe Trades Apprentice and Journeyman Training Trust Fund for San Mateo County,

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and Mike Swanson, trustee and fiduciary of the above trust funds, have filed an action to collect

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unpaid contributions owed to certain multi-employer benefit plans from Defendant Hydra Ventures,

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Inc., dba Cal Pacific Plumbing Systems (“Cal Pacific”), under the civil enforcement provisions of

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the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001, et. seq.

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Having received an entry of default against Cal Pacific for its failure to appear or otherwise respond

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to the summons and complaint served upon it in this matter, Plaintiffs now move for default

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judgment pursuant to Fed. R. Civ. P. 55(b)(2). See Motion for Default Judgment (Docket No. 14).

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It is hereby ordered that Plaintiffs shall submit to the Court:

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(1)

A copy of the following trust fund agreements referenced in paragraph 116 of the

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Collective Bargaining Agreement (Docket No. 17-1, Ex. A):

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(a)

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Vacation and Holiday Fund

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(b)

International Training Fund

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(c)

Hiring Hall Trust Fund

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(d)

Contract Administration Fund

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(e)

Industry Promotion and Advertising Fund

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(2)

A supplemental declaration from a declarant with appropriate firsthand knowledge

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identifying the relevant page, section, and/or paragraph of each of the above trust

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agreements that states Plaintiffs’ entitlement to collect (i) liquidated damages on

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delinquent contributions at 10% of the amount not timely paid, and (ii) interest at

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12% per annum on unpaid contributions and liquidated damages.
(3)

A copy of the Trades Assessment Fund Agreement, and a supplemental declaration

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For the Northern District of California

United States District Court

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from a declarant with appropriate firsthand knowledge explaining why Defendant is

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bound by the terms of the agreement. (See Galvan Second Supp. Decl., ¶ 3). This

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declaration shall also identify the relevant page, section, and/or paragraph of the

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agreement that states Plaintiffs’ entitlement to collect (i) liquidated damages on

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delinquent contributions at 10% of the amount not timely paid, and (ii) interest at

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12% per annum on unpaid contributions and liquidated damages.

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(4)

A supplemental declaration from a declarant with appropriate firsthand knowledge

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identifying the trust funds (if any) to which Defendant owes delinquent contributions

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that are not governed by ERISA. (See Galvan Second Supp. Decl., ¶ 3). This

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declaration shall also precisely delineate the amount of damages (if any) sought by

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Plaintiffs in their motion for default judgment owed to these non-ERISA governed

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funds, including all relevant unpaid contributions, liquidated damages, and interest on

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unpaid contributions and liquidated damages.

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Plaintiffs shall submit these materials to the Court no later than February 25, 2013.

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IT IS SO ORDERED.

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Dated: February 15, 2013
_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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