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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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 No. C 12-6452 SI SAN MATEO ELECTRICAL WORKERS HEALTH CARE TRUST, et al., DEFAULT JUDGMENT 9 Plaintiffs, United States District Court For the Northern District of California 10 v. 11 F. CONNOLLY CO., 12 Defendant. 13 / 14 This matter came on for hearing on Plaintiffs’ Motion for Judgment by Default against 15 Defendant F. Connolly Co., a California Corporation (“Defendant”), on May 10, 2013. Plaintiffs San 16 Mateo Electrical Workers Health Care Trust; International Brotherhood of Electrical Workers, Local 17 617; San Mateo County Electrical Construction Industry Retirement Trust; San Mateo Electrical 18 Workers Education and Training Plan; Dominic Nolan, as Trustee of the above Trusts; and National 19 Electrical Contractors Association, San Mateo Chapter (“Plaintiffs”) were represented by Eileen M. 20 Bissen of Neyhard, Anderson, Flynn & Grosboll; Defendant made no appearance. Having considered 21 the pleadings and arguments in this matter, and good cause appearing, this Court FINDS AS 22 FOLLOWS: 23 1. The Complaint in this matter was filed with this Court on December 20, 2012; 24 2. The Complaint was served on Defendant on January 30, 2013, for which proofs of 25 26 27 28 service were filed before this Court with the Summons on February 10, 2013; 3. 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; 1 4. Defendant has been an employer within the meaning of section 3(5) and section 515 of 2 ERISA (29 U.S.C. §§ 1002(5), 1145) and an employer in an industry affecting commerce within the 3 meaning of section 301 of the LMRA (29 U.S.C. § 185); 4 5. The Court finds the allegations in the Complaint on file herein are true including the fact 5 that Defendant has been bound to a written collective bargaining agreement labeled the “Inside 6 Wiremans’s Agreement” (hereinafter “CBA”) with the International Brotherhood of Electrical Workers, 7 Local 617, and the San Mateo County Chapter of the National Electrical Contractors Association, both 8 of which are labor organizations within the meaning of LMRA §301, 29 U.S.C. §150. By virtue of 9 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 10 11 12 13 Agreements referred to in the Complaint; 6. 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. 7. Plaintiffs have accrued attorneys fees in the amount of $2,312.50 for 12.5 hours of 14 attorney work at $185 per hour; the rate and number of hours are reasonable in light of the attorneys’ 15 skill and experience, and prevailing rates and hours billed for similar cases in this District. 16 17 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. 18 19 20 IT IS THEREFORE HEREBY ORDERED, ADJUDGED AND DECREED THAT Judgment be entered in favor of Plaintiffs and against Defendant as follows: 21 1. Defendant is ordered to pay $73,916.72 in principal contributions to Plaintiffs; 22 2. Defendant is ordered to pay $58,037.07 in liquidated damages and interest owed to 23 Plaintiffs; 24 3. Defendant is ordered to pay attorneys’ fees in the amount of $2,312.50; 25 5. Defendant is ordered to pay costs in the amount of $479.90; 26 6. Defendant is ordered to pay interest on any amounts found due in an amount to be 27 28 determined consistent with 26 U.S.C. § 6621, $2,383.28 as of April 5, 2013; and 2 1 7. As of the date of this Judgment, defendant is ordered to pay a total $119,332.30, which 2 represents the above sums less the $17,797.17 payment defendant submitted on April 25, 3 2013. 4 5 8. This Court shall retain jurisdiction of this matter to enforce the Order compelling payment of all amounts found due and owing under this Judgment. 6 7 IT IS SO ORDERED AND ADJUDGED. 8 9 Dated: May 10 , 2013 SUSAN ILLSTON United States District Judge United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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