San Mateo Electrical Workers Health Care Trust et al v. F. Connolly Co.

Filing 17

DEFAULT JUDGMENT (Illston, Susan) (Filed on 5/10/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 12-6452 SI

SAN MATEO ELECTRICAL WORKERS
HEALTH CARE TRUST, et al.,

DEFAULT JUDGMENT

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Plaintiffs,
United States District Court
For the Northern District of California

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v.
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F. CONNOLLY CO.,
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Defendant.
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This matter came on for hearing on Plaintiffs’ Motion for Judgment by Default against

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Defendant F. Connolly Co., a California Corporation (“Defendant”), on May 10, 2013. Plaintiffs San

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Mateo Electrical Workers Health Care Trust; International Brotherhood of Electrical Workers, Local

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617; San Mateo County Electrical Construction Industry Retirement Trust; San Mateo Electrical

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Workers Education and Training Plan; Dominic Nolan, as Trustee of the above Trusts; and National

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Electrical Contractors Association, San Mateo Chapter (“Plaintiffs”) were represented by Eileen M.

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Bissen of Neyhard, Anderson, Flynn & Grosboll; Defendant made no appearance. Having considered

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the pleadings and arguments in this matter, and good cause appearing, this Court FINDS AS

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FOLLOWS:

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1.

The Complaint in this matter was filed with this Court on December 20, 2012;

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2.

The Complaint was served on Defendant on January 30, 2013, for which proofs of

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service were filed before this Court with the Summons on February 10, 2013;
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No answer or other responsive pleadings having been filed within the time permitted by

law, default was entered against the Defendant on March 13, 2013;

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4.

Defendant has been an employer within the meaning of section 3(5) and section 515 of

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ERISA (29 U.S.C. §§ 1002(5), 1145) and an employer in an industry affecting commerce within the

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meaning of section 301 of the LMRA (29 U.S.C. § 185);

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5.

The Court finds the allegations in the Complaint on file herein are true including the fact

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that Defendant has been bound to a written collective bargaining agreement labeled the “Inside

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Wiremans’s Agreement” (hereinafter “CBA”) with the International Brotherhood of Electrical Workers,

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Local 617, and the San Mateo County Chapter of the National Electrical Contractors Association, both

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of which are labor organizations within the meaning of LMRA §301, 29 U.S.C. §150. By virtue of

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becoming bound to the CBA, Defendant became subject to all the terms and conditions of the Trust

United States District Court
For the Northern District of California

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Agreements referred to in the Complaint;
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That Defendant failed to pay delinquent contributions in the amount of $73,916.72, and

liquidated damages and interest in the amount of $58,037.07.
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Plaintiffs have accrued attorneys fees in the amount of $2,312.50 for 12.5 hours of

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attorney work at $185 per hour; the rate and number of hours are reasonable in light of the attorneys’

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skill and experience, and prevailing rates and hours billed for similar cases in this District.

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8.

On April 25, 2013, defendant submitted a payment in the amount of $17,797.17 to

plaintiffs, thereby offsetting any amounts due by that payment.

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IT IS THEREFORE HEREBY ORDERED, ADJUDGED AND DECREED THAT Judgment
be entered in favor of Plaintiffs and against Defendant as follows:

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1.

Defendant is ordered to pay $73,916.72 in principal contributions to Plaintiffs;

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2.

Defendant is ordered to pay $58,037.07 in liquidated damages and interest owed to

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Plaintiffs;

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3.

Defendant is ordered to pay attorneys’ fees in the amount of $2,312.50;

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5.

Defendant is ordered to pay costs in the amount of $479.90;

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6.

Defendant is ordered to pay interest on any amounts found due in an amount to be

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determined consistent with 26 U.S.C. § 6621, $2,383.28 as of April 5, 2013; and
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As of the date of this Judgment, defendant is ordered to pay a total $119,332.30, which

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represents the above sums less the $17,797.17 payment defendant submitted on April 25,

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2013.

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This Court shall retain jurisdiction of this matter to enforce the Order compelling
payment of all amounts found due and owing under this Judgment.

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IT IS SO ORDERED AND ADJUDGED.

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Dated: May 10 , 2013
SUSAN ILLSTON
United States District Judge

United States District Court
For the Northern District of California

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