Trustees of The Plumbers and Pipefitters National Pension Fund et al v. Chaney Incorporated
Filing
14
MEMORANDUM OPINION AND ORDER- This Court ADOPTS the Magistrate Judge's Report and Recommendation 13 because it is supported by substantial evidence and applies the proper legal standard. Therefore, Plaintiffs Motion for Default Judgment 8 is GRANTED. Signed by District Judge Gerald Bruce Lee on 06/22/16. (kgra, )
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION
TRUSTEES OF THE PLUMBERS AND
PIPEFITTERS NATIONAL PENSION
FUND, et al.
Plaintiffs,
Case No. l:15-cv-1452
V.
CHANEY INC.,
Defendant.
MEMORANDUM OPINION AND ORDER
THIS MATTER is before the Court on Plaintiffs' Motion for Default Judgment (Doc. 8)
pursuant to Federal Rules of Civil Procedure 55(b)(2). Plaintiffs are trustees of multi-employer
employee benefit plans known as the National Pension Fund andthe International Training Fund.
See Doc. 13 at 2. Under a collective bargaining agreement between Defendant and United
Association Local Union No. 441, the latter of which is not a party to this action. Defendant must
contribute to Plaintiffs "certain sums of money for each hour worked by employees of the
Defendant covered by the Collective Bargaining Agreement." Doc. 1 at 3; see Doc. 13 at 2-3.
Claiming that Defendant was delinquent on those contributions. Plaintiffs brought this action
under the Employee Retirement Income Security Act of 1974 ("ERJSA") §§ 502(g) and 515,
which together provide for a cause of action by a fiduciary against a delinquent employer. See 29
U.S.C. §§ 1132(g), 1145 (2012); Doc. 13 at 3. This Court has subject-matter jurisdiction over
such actions imder ERISA § 502(e). See 29 U.S.C. § 1132(e) (2012), Plaintiffs sought money
damages and an injunction barring future breaches of the collective bargaining agreement. See
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