Board of Trustees of the Plumbers and Pipefitters Union Local 525 Health and Welfare Trust and Plan et al v. Service Plumbing Corp.

Filing 16

ORDER that 15 Motion for Default Judgment is GRANTED. The Clerk of Court is instructed to enter judgment in favor of Plaintiffs and against Defendants Danielle Hansen and Service Plumbing Corp. in the following amount: For delinquent contri butions of $40,890.00 pursuant to 29 U.S.C. § 1132(g)(2)(A); for interest on the unpaid contributions of $12,069.00 pursuant to 29 U.S.C. § 1132(g)(2)(B); for liquidated damages of $12,069.00 pursuant to 29 U.S.C. § 113 2(g)(2)(C)(ii); for audit fees and documented attorney's fees and costs of $19,608.00 pursuant to 29 U.S.C. § 1132(g)(2)(D); and for prospective attorney's fees of $5,000 to execute on the judgment pursuant to 29 U.S.C. § 1132(g)(2)(E). Signed by Judge Richard F. Boulware, II on 3/17/17. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BOARD OF TRUSTEES OF THE
PLUMBERS AND PIPEFITTERS LOCAL
525 HEALTH AND WELFARE TRUST AND
PLAN, et al.,

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ORDER

Plaintiffs,

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Case No. 2:15-cv-01767-RFB-GWF

v.
SERVICE PLUMBING CORP., et al.,
Defendants.

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This case is before the Court on a Motion for Default Judgment filed by Plaintiffs Boards

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of Trustees of the Plumbers and Pipefitters Union Local 525 Pension Plan, and the Plumbers and

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Pipefitters Local Union 525 Apprentice and Journeyman Training Trust for Southern Nevada

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(“Trust Funds”), on March 25, 2016. ECF No. 15. Defendant Danielle Hansen did not respond to

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the motion and has not appeared in this action despite being served with a copy of the Summons

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and Amended Complaint on January 7, 2016. See ECF No. 11. Defendant Service Plumbing Corp.

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did not respond to the motion and has not appeared in this action despite being served with a copy

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of the Summons and Amended Complaint on January 7, 2016. See ECF No. 12. A Clerk’s Entry

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of Default issued on February 4, 2016, (ECF No. 14), and Plaintiff filed their Motion for Default

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Judgment on March 25, 2016, (ECF No. 15).

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Under Local Rule 7-2(d), “[t]he failure of an opposing party to file points and authorities

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in response to any motion shall constitute a consent to the granting of the motion.” Although there

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is a strong policy underlying the Federal Rules of Civil Procedure that favors deciding cases on

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their merits, the Court finds that Plaintiffs would be prejudiced in their ability to seek relief absent

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a default judgment against Defendants Service Plumbing Corp. and Danielle Hansen.

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Therefore, IT IS ORDERED that Plaintiffs’ Motion for Default Judgment (ECF No. 15)

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is GRANTED. The Clerk of Court is instructed to enter judgment in favor of Plaintiffs and against

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Defendants Danielle Hansen and Service Plumbing Corp. in the following amount:

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For delinquent contributions of $40,890.00 pursuant to 29 U.S.C. § 1132(g)(2)(A);

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for interest on the unpaid contributions of $12,069.00 pursuant to 29 U.S.C. §
1132(g)(2)(B);

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for liquidated damages of $12,069.00 pursuant to 29 U.S.C. § 1132(g)(2)(C)(ii);

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for audit fees and documented attorney’s fees and costs of $19,608.00 pursuant to
29 U.S.C. § 1132(g)(2)(D);

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and for prospective attorney’s fees of $5,000 to execute on the judgment pursuant
to 29 U.S.C. § 1132(g)(2)(E).

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DATED: March 17, 2017.
____________________________
RICHARD F. BOULWARE, II
United States District Judge

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