Hawaii Masons' Pension Trust Fund v. DME Concrete & Masonry, Inc.

Filing 17

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION re: 16 . Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 1/22/2018. (afc) Order adopts the "FINDINGS AND RECOMMENDATION TO GRANT PLAINTIFFS' MOT ION FOR DEFAULT JUDGMENT AGAINST DEFENDANT DME CONCRETE & MASONRY, INC." CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail addr ess listed on the Notice of Electronic Filing (NEF). A Copy of the instant Order will be served on January 23, 2018 by first class mail upon DME CONCRETE & MASONRY, INC. at the address as provided for in the Certificate of Service included with Plaintiffs' "Motion for Entry of Default Judgment..." filed in the instant case as ECF no. 13 : DME CONCRETE & MASONRY, INC.95-1092 PAEMOKU PLACEMILILANI, HI. 96789

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
HAWAII MASONS’ PENSION
TRUST FUND; HAWAII
MASONS’ AND PLASTERERS’
ANNUITY TRUST FUND;
HAWAII MASONS’ VACATION
AND HOLIDAY TRUST FUND;
HAWAII MASONS’ AND
PLASTERERS’ APPRENTICESHIP
AND TRAINING TRUST FUND;
HAWAII MASONS’ HEALTH
AND WELFARE TRUST FUND;
and HAWAII MASONS AND
PLASTERERS HAWAII
INDUSTRY STABILIZATION
COMMITTEE,

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Plaintiffs,
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vs.
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DME CONCRETE & MASONRY, )
INC., a Hawaii corporation; DAVID )
EAGAR; and MARILOU EAGAR, )
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Defendants.
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_____________________________ )

Civ. No. 17-00445 JMS-RLP
ORDER ADOPTING
MAGISTRATE JUDGE’S
FINDINGS AND
RECOMMENDATION

ORDER ADOPTING MAGISTRATE JUDGE’S
FINDINGS AND RECOMMENDATION
Findings and Recommendation having been filed on December 27, 2017
and served concurrently upon those counsel of record who are registered
participants of CM/ECF, and served on December 28, 2017 by First Class Mail

addressed to DME Concrete & Masonry, Inc., and no objections having been filed
by any party,
IT IS HEREBY ORDERED AND ADJUDGED that, pursuant to Title 28,
United States Code, Section 636(b)(1)(C) and Local Rule 74.2, the “FINDINGS
AND RECOMMENDATION TO GRANT PLAINTIFFS’ MOTION FOR
DEFAULT JUDGMENT AGAINST DEFENDANT DME CONCRETE &
MASONRY, INC.,” ECF No. 16, are adopted as the opinion and order of this
Court. The Clerk of Court is directed to enter Judgment in favor of Plaintiffs and
against Defendant DME Concrete & Masonry, Inc. as follows:
(1) $33,994.71 in unpaid contributions,
(2) $3,399.47 for liquidated damages,
(3) $7,890.60 in interest, and
(4) $3,317.90 in attorneys’ fees and costs.
IT IS SO ORDERED.
DATED: Honolulu, Hawaii, January 22, 2018.
/s/ J. Michael Seabright
J. Michael Seabright
Chief United States District Judge

Haw. Masons’ Pension Tr. Fund, et al. v. DME Concrete & Masonry, Inc., Civ. No. 17-00445
JMS-RLP, Order Adopting Magistrate Judge’s Findings and Recommendation
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