Trustees of the Bricklayers & Allied Craftworkers Local 13 Defined Contribution Pension Trust for Southern Nevada et al v. GRANITE WORKS, INC. et al

Filing 49

ORDER that plaintiffs motion for default judgment against Canja as to unpaid employer contributions is DENIED. Signed by Judge Howard D. McKibben on 8/23/11. (Copies have been distributed pursuant to the NEF - ECS)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21

TRUSTEES OF THE BRICKLAYERS &
)
ALLIED CRAFTWORKERS LOCAL 13
)
DEFINED CONTRIBUTION PENSION
)
TRUST FOR SOUTHERN NEVADA,
)
TRUSTEES OF THE BRICKLAYERS &
)
ALLIED CRAFTWORKERS LOCAL 13
)
HEALTH BENEFITS FUND, TRUSTEES OF )
THE BRICKLAYERS & ALLIED
)
CRAFTWORKERS LOCAL 13 VACATION
)
FUND, BRICKLAYERS & ALLIED
)
CRAFTWORKERS LOCAL 13 NEVADA,
)
TRUSTEES OF THE BRICKLAYERS &
)
TROWEL TRADES INTERNATIONAL
)
PENSION FUND, TRUSTEES OF THE
)
BRICKLAYERS & TROWEL TRADES
)
INTERNATIONAL HEALTH FUND, and
)
TRUSTEES OF THE INTERNATIONAL
)
MASONRY INSTITUTE,
)
)
Plaintiffs,
)
)
vs.
)
)
GRANITE WORKS, INC., and JON
)
CANJA,
)
)
Defendants.
)
_________________________________ )

2:10-cv-00767-HDM-PAL
ORDER

22
On July 26, 2011, the court entered its order granting in
23
part, denying in part, and reserving in part on the plaintiffs’
24
motion for default judgment against defendant Jon Canja.

The court

25
granted the motion as to unpaid employee contributions and denied
26
the motion as to the unpaid employer contributions for the
27
International Health Fund, the International Pension Fund, and the
28
1

1

Pension Trust.

2

employer contributions for the Vacation Trust, the Health Benefits

3

Fund, and the Masonry Trust and allowed the plaintiffs a final

4

opportunity to supplement their motion.

5

specifically directed plaintiffs to supplement their motion both as

6

to the amounts of unpaid employer contributions for those three

7

trust funds as well as to the factual basis supporting its

8

assertion that Canja exercised fiduciary control over the unpaid

9

employer contributions to those funds.

The court reserved its decision as to the unpaid

The court’s order

In particular, the court’s

10

order stated: “The failure to file a supplement and provide

11

evidence of Canja’s fiduciary function will result in a denial of

12

the motion for default judgment as to all unpaid employer

13

contributions.”

14

be filed on or before August 16, 2011.

15

(Doc. #42 at 12).

The supplement was ordered to

On August 16, 2011, plaintiffs filed their second supplemental

16

brief regarding Canja’s liability (#48).

17

only the amount of unpaid employer contributions and does not

18

provide any evidence or argument as to Canja’s fiduciary role with

19

respect to those contributions.

20

forth in the prior order of this court, plaintiffs’ motion for

21

default judgment against Canja as to unpaid employer contributions

22

is hereby DENIED.

The supplement addresses

Accordingly, for the reasons set

23

IT IS SO ORDERED.

24

DATED: This 23rd day of August, 2011.

25
26

____________________________
UNITED STATES DISTRICT JUDGE

27
28
2