Plumbers and Steamfitters Local 486 Pension Fund et al v. AWA Mechanical, Inc.
Filing
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MEMORANDUM OPINION AND ORDER; Entering Judgment in favor Plumbers and Steamfitters Local 486 Pension Fund, Plumbers and Steamfitters Local 486 Medical Fund, Plumbers and Steamfitters Local 486 Severance and Annuity/401(k) Fund, Plumbers and Steamfit ters Local 486 Joint Journeyman and Apprentice Training Fund, International Training Fund, Mechanical Contractors Association of Maryland, Inc., and Plumbers and Steamfitters Local 486, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry against AWA Mechanical, Inc. Signed by Magistrate Judge Susan K. Gauvey on 5/15/14. (c/m 5/16/14 jnls, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
PLUMBERS AND STEAMFITTERS
LOCAL 486 PENSION FUND,
et al.,
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Plaintiffs
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v.
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AWA MECHANICAL, INC.,
CCB-14-613
*
Defendant.
CIVIL NO.
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*
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*
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MEMORANDUM OPINION AND ORDER
This Memorandum Opinion reviews the Amended Complaint in
Confession of Judgment filed by Plumbers and Steamfitters Local
486
Pension
Local
Fund
486
(“Pension
Medical
Steamfitters
Fund”),
Fund
Local
486
Plumbers
(“Medical
Severance
and
Fund”),
and
Steamfitters
Plumbers
Annuity/401(k)
and
Fund
(“Severance Fund”), Plumbers and Steamfitters Local 486 Joint
Journeyman
and
International
Apprentice
Training
Association
of
Steamfitters
Local
Apprentices
United
of
States
Fund
Maryland,
the
486,
Training
and
(“ITF”),
Inc.
United
Plumbing
Fund
Contractors
and
Plumbers
and
Association
of
Journeymen
and
Pipefitting
(“Local
1
Mechanical
Fund”),
(“MCA”),
and
Canada
(“Training
Industry
486”)
of
the
(collectively
“Plaintiffs”) against AWA Mechanical, Inc.1 (“Defendant”) (ECF
No. 6).
No response to the Complaint was timely filed.
For the
reasons stated herein, I order that the Clerk of the Court enter
the confessed judgment.
Local
Rule
108.1
requires
that
the
plaintiff
who
seeks
entry of a confessed judgment file a complaint, which includes:
1. The written instrument:
a. Authorizing the confession of judgment; and
b. Entitling
damages;
the
plaintiff
to
a
claim
for
liquidated
2. An affidavit made by the plaintiff or someone on behalf of
the plaintiff, stating:
a. the circumstances of the defendant’s execution of said
instrument;
b. including, where known, the age and education of the
defendant;
c. further including the amount due thereunder; and
d. the post office address (including street address if
needed to effect mail delivery) of the defendant.
Local Rule 108.1.a (D. Md. 2011).
The Court may direct the
entry of judgment upon a finding that the documents attached to
the complaint prima facie establish:
1. A voluntary,
defendant of:
knowing,
and
1
intelligent
waiver
by
the
This case has been referred to the undersigned in accordance with 28 U.S.C.
§ 636 and Local Rules 301 and 302. (ECF No. 2).
2
a. the right to notice; and
b. a prejudgment hearing on the merits of the claim of
the plaintiff for liquidated damages.
2. A meritorious claim of the
damages against the defendant.
plaintiff
for
liquidated
Local Rule 108.1.b (D. Md. 2011).
Here,
Plaintiffs
attached
to
their
Amended
Complaint
a
single document constituting a “written instrument authorizing
the confession of judgment and entitling Plaintiff[s] to a claim
for liquidated damages.”
See Local Rule 108.1.a.
Specifically,
Plaintiffs attached the “Payment Agreement Including Confession
of Judgment of AWA Mechanical, Inc.,” entered into on August 30,
2013, by and between Plaintiffs and Defendant.
Plaintiffs
also
attached
spreadsheet
showing
all
to
their
current
mentioned payment agreement.
(ECF No. 6-1).
Amended
delinquencies
(ECF No. 6-2).
Complaint
on
the
a
above
Also accompanying
Plaintiffs’ Amended Complaint is the Revised Affidavit of Dale
O. Troll, Account Executive for Associated Administrators, LLC,
Plaintiffs’
third-party
administrator
collection.
(ECF No. 8-1, ¶ 1).
and/or
local
agent
for
The Affidavit adopts the facts
in the Amended Complaint based upon Mr. Troll’s personal review
of
the
payment
Plaintiffs’
above
agreement
Amended
mentioned
and
Complaint
payment
records.
describes
agreement
3
and
(Id.
at
the
execution
the
underlying
¶
3).
of
the
facts
precipitating the execution of the same.
(ECF No. 6, ¶¶ 18-28).
Through his adoption of the facts in the Amended Complaint, Mr.
Troll provides the address of the Defendant.
(Id. at 2).
Plaintiffs’ Amended Complaint and the Troll Affidavit set
forth certain amounts due under the above referenced agreement
for the periods including September, 2012 through January, 2014.
These amounts include unpaid contributions, plus interest and
liquidated
payments
damages,
made
following
$16,211.24.
Pension
Severance
ITF,
attorneys’
Defendant
amounts:
$123,244.03;
$6,086.15;
by
plus
to
individual
Fund,
Fund,
$1,752.33;
fees,
minus
Plaintiffs,
$98,076.43;
$52,370.25;
MCA,
(ECF No. 6, ¶¶ 29-42).
credit
$4,540.88;
in
Medical
Training
and
for
Local
the
Fund,
Fund,
486,
The total amount requested,
based on these amounts, is $302,281.312 (including $16,723.29 in
attorneys’ fees and costs) plus post-judgment interest to accrue
at the applicable rate pursuant to 28 U.S.C. § 1961.
Thus, the
Amended Complaint and its accompanying documents substantively
meet the requirements of Local Rule 108.1.a.
The “Payment Agreement Including Confession of Judgment of
AWA Mechanical, Inc.” expressly authorizes confessed judgment
against Defendant in favor of Plaintiffs “for the entire balance
due under [the] Agreement, including liquidated damages, and in
the amount of any contributions and payroll remittances due and
2
The undersigned notes that this figure correspond with the “Balance Summary”
table attached to Plaintiffs’ Amended Complaint. (ECF No. 6-2, 5).
4
owing to the [Plaintiffs] at the time such judgment is entered,
including
all
interest
accrued
on
such
contributions
and
remittances, liquidated damages, and attorneys’ fees and costs
incurred
by
amounts.”
judgment”
Agreement
the
[Plaintiffs]
in
(ECF No. 6-1, ¶ 10).
appears
and
in
the
capital
seeking
of
such
The language “confession of
letters
Agreement
collection
in
includes
the
a
title
of
“Disclosure
the
for
Confession of Judgment,” wherein Defendant expressly agreed to
the following:
2.
I understand that the Agreement contains wording
that would permit Plumbers and Steamfitters Local 486
Funds and Related Entities to enter judgment against
me in Court, without advance notice to me and without
offering me an opportunity to defend against the entry
of judgment, and that the judgment may be collected
immediately by any legal means.
3.
In executing the Agreement, I am knowingly,
understandingly and voluntarily waiving my rights to
resist the entry of judgment against me in the United
States District Court for the District of Maryland,
including any right to advance notice of the entry of,
or execution upon, said judgment, and I am consenting
to the confession of judgment.
(Id. at 8).
Defendant’s representative, Al Washington, signed
both the Agreement itself and the Disclosure for Confession of
Judgment.
(Id. at 6-8).
Having reviewed the Amended Complaint, Revised Affidavit,
and accompanying Exhibits, I find that these documents make a
prima facie showing that Defendant voluntarily, knowingly, and
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intelligently
waived
hearing,
that
and
its
right
Plaintiffs’
to
notice
claims
against Defendant are meritorious.
for
and
a
prejudgment
confessed
judgment
See Local Rule 108.1.b (D.
Md. 2011).
Therefore, I direct that the Clerk enter judgment by
confession
against
Defendant,
in
the
amount
of
$302,281.31,
representing:
1.
Judgment in favor of Plumbers and Steamfitters Local 486
Pension Fund, in the amount of $98,076.42, which includes
$72,861.17
in
unpaid
contributions,
$14,572.23
in
liquidated damages, $9,937.45 in interest, $5,574.43 in
attorneys’ fees and costs, less $4,868.85 in credit for
payments made by Defendant;
2.
Judgment in favor of Plumbers and Steamfitters Local 486
Medical
Fund,
in
the
amount
of
$123,244.03,
which
includes $92,584.77 in unpaid contributions, $18,516.95
in liquidated damages, $12,627.53 in interest, $5,574.43
in attorneys’ fees and costs, less $6,059.65 in credit
for payments made by Defendant;
3.
Judgment in favor of Plumbers and Steamfitters Local 486
Joint Severance and Annuity/401(k) Fund, in the amount of
$52,370.25,
which
includes
$36,902.91
in
unpaid
contributions, $7,380.58 in liquidated damages, $5,033.15
in interest, $5,574.43 in attorneys’ fees and costs, less
$2,520.82 in credit for payments made by Defendant;
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4.
Judgment in favor of Plumbers and Steamfitters Local 486
Joint Journeyman and Apprentice Training Fund, in the
amount of $6,086.15, which includes $5,949.20 in unpaid
contributions, $266.95 in liquidated damages, $266.95 in
interest, less $396.95 in credit for payments made by
Defendant;
5.
Judgment in favor of International Training Fund, in the
amount of $1,752.33, which includes $1,351.00 in unpaid
contributions, $270.20 in liquidated damages, $221.11 in
interest,
less
$89.98
in
credit
for
payments
made
by
Defendant;
6.
Mechanical Contractors Association of Maryland, Inc., in
the
amount
of
$4,540.88,
which
includes
$4,471.90
in
unpaid contributions, $365.95 in interest, less $296.97
in credit for payments made by Defendant; and
7.
Judgment in favor of Plumbers and Steamfitters Local 486,
United Association of Journeymen and Apprentices of the
Plumbing and Pipefitting Industry of the United States
and Canada, in the amount of $16,211.24, which includes
$15,029.04 in unpaid contributions and dues, $2,049.79 in
interest, less $867.59 in credit for payments made by
Defendant.
I
further
judgment
direct
interest
at
that
the
the
rate
Clerk
award
applicable
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to
Plaintiffs
money
post-
judgments
pursuant to 28 U.S.C. § 1961 to accrue from this _7th_ day of
May, 2014, until paid.
I further direct the Clerk to ensure
that notice of this entry is provided to Defendant as follows,
pursuant to Local Rule 108.1.c:
AWA Mechanical, Inc.
1445 North Rolling Road
Baltimore, MD 21228
ATTN: Alphonso Washington
Date: __5/15/2014__
_______________/s/______________
Susan K. Gauvey
United States Magistrate Judge
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