Boilermaker-Blacksmith National Pension Fund et al v. The Smedley Company

Filing 7

MEMORANDUM AND ORDER granting 6 Plaintiff's Motion for Default Judgment. It is further ordered that judgment be entered in favor of plaintiffs against defendant The Smedley Company in the amount $13,686.32 in contributions; $7275.89 in liquidated damages; $1928.74 in interest; $3013.50 in reasonable attorneys' fees; and $518.75 in costs, for a total judgment amount of $26,423.20. Signed by District Judge John W. Lungstrum on 07/19/2018. (ses)

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF KANSAS

Boilermaker-Blacksmith
National Pension Fund et at.,
Plaintiffs,
v.

Case No. 18-2273-JWL

The Smedley Company,
Defendant.
MEMORANDUM & ORDER
Plaintiffs filed this lawsuit against defendant under §§ 502 and 515 of the Employee
Retirement Income Security Act of 1974 (ERISA) to collect fringe benefit contributions due and
owing to various employee benefit plans.

After defendant failed to file an answer or other

responsive pleading to plaintiffs’ complaint, the clerk of the court entered default pursuant to
Federal Rule of Civil Procedure 55(a).
This matter is now before the court on plaintiffs’ motion for default judgment (doc. 6). In
the motion, plaintiffs demonstrate that defendant is liable to the benefit plans in the amount of
$13,686.32 in contributions; $7275.89 in liquidated damages pursuant to the Trust Agreements
creating the funds and as authorized by statute; $1928.74 in interest pursuant to the Trust
Agreements creating the funds and as authorized by statute; and $3013.50 in reasonable
attorneys’ fees and $518.75 in costs as authorized by statute. The motion is granted.
A court may enter a default judgment without a hearing if the “amount claimed is a
liquidated sum or one capable of mathematical calculation.” Hunt v. Inter-Globe Energy, Inc.,

770 F.2d 145, 148 (10th Cir. 1985). Plaintiffs’ claim of default is capable of mathematical
calculation. The court therefore concludes that default judgment be entered against defendant
The Smedley Company in the total amount of $26,423.20.

IT IS THEREFORE ORDERED BY THE COURT THAT plaintiff’s motion for
default judgment (doc. 6) is granted.

IT IS FURTHER ORDERED BY THE COURT THAT judgment be entered in favor
of plaintiffs against defendant The Smedley Company in the amount $13,686.32 in
contributions; $7275.89 in liquidated damages; $1928.74 in interest; $3013.50 in reasonable
attorneys’ fees; and $518.75 in costs, for a total judgment amount of $26,423.20.

IT IS SO ORDERED.

Dated this 19th day of July, 2018, at Kansas City, Kansas.

s/ John W. Lungstrum
John W. Lungstrum
United States District Judge

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