Trustees of the National Automatic Sprinkler Industry Welfare Fund et al v. First Responder Fire Protection Corp.
MEMORANDUM OPINION. Signed by Judge George Jarrod Hazel on 8/11/2017. (aos, Deputy Clerk)
-lJ S r'I~T"ICT crll~T
IN THE UNITED STATES DISTRICT COUI~-1~S'1
;1'r'T~ I.' • 0 ':I'-L'~")
FOR THE DISTRICT OF MARYLAND
TRUSTEES OF TilE NATIONAL
INIHJST. WELFARE FUND, l'f :11.,
ZO11 A 'G I I
A II: 3 0
FIRST RESPONDER FIRE
Casc Nn.: (;.111-16--ttlllll
The Trustees of the National Automatic
Local 669 UA Education
Pension Fund. Sprinkler
Industry Welfare Fund. National
Fund. National Automatic
Pension Fund. and International
or the "NASI Funds") hring this action against DeICndant First Responder
under the Employee
hy the Multiemploycr
Income Security Act of
Pension Plan Amendments
I~\ilurc to answer or otherwise
Act of 19RO. 29
defend in this
action. the Clerk of the Court entered del~\lIlt against Defcndant on .June 7. 2017. ECF No. R.
Now pending hcli)re the Court is Plaintiffs'
Motion li)r Dclault .Judgment against DeICndant
pursuant to Fed. R. Civ. 1'. 55(b). ECF NO.7. No hearing is necessary. See Loc. R. 105.6 (D. Md.
20 J 6). For the reasons that lililow. Plainti It's' Motion Illr Del~\lIlt .Judgmcnt is granted . .Judgment
is entered against Dcfcndant
in the total amount of $241.609.95.
Thc NASI Funds arc multiemployer
ERISA. 29 U.S.c.
~ 1002(3}. ECF No. I
to thc provisions
thc NASI Funds ("Trust
Funds arc cstaolishcd
and the Collectivc
at 8000 Corporate
as a contractor
action \\'as and is an cmploycr
in thc sprinkler
ECF No. I ~ 4: ECF No. 7-3';'; 2-8: see ,,/so ECF Nos. 7-
and Local Union 483): and lOCI' Nos. 7-15-7-18
and Local Union 669): ECF Nos. 7-10-7-14
and Local Union 709). Pursuant
to the Collectivc
to pay to thc NASI Funds certain
woo werc covcred
octwccn thc Unions and thc
by ERISA. 29
with thc Unions. \\hich.
cntcred into agrccmcnts
4-7 -9 (agreemcnts
cxisting undcr thc
industry. and at all timcs rclc\'ant to thc
in an industry aftCcting commcrcc
allege that Dcfcndant
~~ 142( 1). (3) and 152(2). See ill
oound thcm to thc Collectivc
ECF No. 1'13. Defendant
~~ 1002(5}. (9). (11). (12) and (14) and by thc Labor-Managcmcnt
is a corporation
,,'ith oflices located in California.
of Trust cstablishing
and thc Dcfcndant.
in Scction 3(3) of
Fittcrs Local Unions No. 483. 669. 709 (..the "Unions")
'i 2. Thc
bcnetit plans as detincd
NASI Funds arc administcrcd
oy the Collectivc
I The following l~lcts
arc taken from the Complainl.
urthe Motion for [)cl~1U1t Judgment. ECF NO.7.
of money for each hour workcd by its
ECF No. I. and Plaintitrs
lOCI' NO.1 '15: see ,,/so
ECF No. 7-3 'I'i 2-R. According
to thc Complaint.
from March 2015 through the present. lOCI' No. I
at all times relevant to the action. Dclendant
ECF Nos. 7-19-7-23.
Dcfcndant cmploycd individuals
and the Guidelines
was bound to the Trust
in the t"ASI Funds
lOCI' No. 7-2.-1. lOCI' No. I ~ 7. Under the terms ofthc Trust Agreements.
an cmployer becomes two or morc months dclinquent
in making the required contributions.
has not submitted the proper reporting !(mns. the NASI Funds are permitted to project the
amount of the employer's
using the 1()llowing I(mnula:
[Tlhe greater of (a) the avcrage of the monthly payments or reports
submitted by the Employer i(H the last three (3) months I()r which
payments or reports were submitted. or (b) the average of the
monthly payments or reports submitted by the Employer !()r the
last twelve (12) months for which payments or reports were
ECF No. I
'i 10: sl'l' a/so ECl'
No. 7-3 ~I 16. Additionally.
when an employer lails to timdy pay
the employer is obligated to pay liquidated damages under the jt)llo\\ing
(I) If payment is not received ... by the 15th of the month. 10');(,
of the amount lowed J is assessed.
(2) An additional 5% is added ifpayment is not received ... by the
last working day of the month in which payment was duc.
(3) An additional 5'Yo is added if payment is not received by the
15th of the month 1()llowing the month in which payment was
ECF No. I ~ 14: lOCI' No. 7-3'i 20.
Defendant allegedly I~liled to pay complete contributions
to the NASI Funds I()r thc
months of October 2015. Novcmber 2015. Dccember 2015. January 2016. August 2016. and
2016. Sl't' lOCI' No. I
'i R. Defendant
further lailed to pay complete contributions
thc months of July 2016 through November 2016 and did not submit reporting I(mns ItJr these
months. !d ~ 8. Using thc abovc-mcntioncd
amount of $90.446.20
1-3 at 1. Adding thc additional
Motion Illr Dclault Judgment.
PlaintilTs c1aimcd a total
months of Novcmbcr
II. 15: ECF No.
2016 through Fcbruary 2017. in thc
now claim a re\'ised amount ofSI09.948.42.
at 2: ECF No. 7-25 at I J
Illr thc months of March 2015 through Scptcmbcr
2015. April 2016. May 2016. August 2016. and Septcmbcr
2016. and partial contributions
Octobcr 2015 through January 2016. August 2016. and Scptcmber
ECF No. I
2016 wcrc allcgcdly
owcd Illr October 2015 through January 2016. August
2016. and Scptcmbcr
2016. and the contributions
2016 are also late.!d
,; 13. In the MotionllJr
owed Illr thc months oUuly
2016 and Octobcr
furtbcr claim that
owcd li'om N(J\'cmbcr 2016 through February 2017 arc latc. See ECF No. 7-3
also scck 521.301.21
to thc liquidated
at 2: ECF No. 7-3 ~ 21: ECF No. 7-25 at 1.
in intercst assessed at thc rate of twelvc perccnt pcr annum on
through March 31. 2017 and continuing
and costs 01'5585.00.
to accruc through thc datc of
See ECF NO.7 at I: Eel' NO.7-I at
Pin ciles 10 documents liIed on the COUI1"S electronic filing system (CMlECF)
to the page numbers generated
bv that system.
J ~Althollgh the requested amounts in the Motion for DeHllIlt Judgment differ fromlhe amounts ~laled ill the
Complaint. in the Complaint. Plaintirrrcqueslcd as relief"all contributions and liquidated damages \\hich become
due subsequent to the tiling orthis action through the date ofjudglllcnt.
fees .. :' ECF No.
I at 6. Accordingly,
plus costs, interest. and
and as the Court previously
reasollt.:d in li-Jlsle£'s
Indus. lI'e(tilJ"l! f.-und \'. Aliilud!! Fire I'rol.. LI.(', No. (jJ 11-15-2662,2016
(D. [\'1d. July 2<). 2016) and Trust!!!!s (~rth£' A'at '/ A 1Ifomalic ";willkla
Indus. 1I'1.'(I,w£'FUlld I'. IlcilT£'Y. No. GJ 11.15521. 2016 WI. 297425. at *5 (D. Md. Jan. 2 J. 2016). Defendant is fairly regarded to be on notice oCthe subsequent
increase due to the continuing
to make contributions
to the Funds under the
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