Board of Trustees of the Northwest Plumbing and Pipefitting Industry Health Welfare and Vacation Trust et al v. Day & Night Mechanical Heating & Cooling Inc et al

Filing 38

ORDER Granting (ECF No 32 ) Plaintiffs' Motion for Default Judgment Signed by Magistrate Judge John T. Rodgers. (LS, Courtroom Deputy)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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BOARD OF TRUSTEES OF THE
11 NORTHWEST PLUMBING AND
12 PIPEFITTING INDUSTRY HEALTH
WELFARE AND VACATION
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TRUST, et al.,
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Plaintiffs,
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No. CV-13-0173-JTR
ORDER GRANTING PLAINTIFFS’
MOTION FOR DEFAULT
JUDGMENT

v.

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DAY & NIGHT MECHANICAL
18 HEATING & COOLING, INC., UBI
19 No. 603126019, a Washington
Corporation, et al.,
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Defendants.

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BEFORE THE COURT is Plaintiffs’ April 1, 2014, Motion for Judgment

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upon Order of Default. ECF No. 32. Attorney Noelle E. Dwarzski represents

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Plaintiffs. Defendant Day & Night Mechanical Heating & Cooling, Inc.

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(Defendant Day & Night) has failed to respond or otherwise contact the Court with

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respect to the instant action.

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ORDER GRANTING PLAINTIFFS’ MOTION . . . - 1

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On May 10, 2013, Plaintiffs filed a complaint for breach of collective

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bargaining agreement and for foreclosure of labor liens against public works

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contract and retained percentages. ECF No. 1. On May 17, 2013, Defendant Day

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& Night was personally served with a copy of the Summons and Complaint in

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Spanaway, Washington. ECF No. 12 ¶ 2. A declaration of service was filed with

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the Court on July 23, 2013. ECF No. 10. On August 13, 2013, Plaintiffs moved

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for entry of default against Defendant Day & Night, ECF No. 11, and a Clerk’s

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Order of Default against Defendant Day & Night was entered on August 14, 2013.

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ECF No. 13. Defendant Day & Night has failed to respond or otherwise defend.

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Plaintiffs have demonstrated Defendant Day & Night owes Plaintiffs the

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total amount of $26,015.71 plus post-judgment interest. This balance includes

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$18,978.20 in contributions, $1,677.69 in liquidated damages, and $1,664.96 in

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interest for the delinquent period of September 2012 through November 2012.

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ECF No. 32 at 4-5; ECF No. 33; ECF No. 34. Defendant Day & Night is

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additionally liable for Plaintiffs’ attorney fees, $2,905.50, and litigation costs,

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$789.50, ECF No. 32 at 5; ECF No. 35 ¶¶ 5-6; ECF No. 35-1; ECF No. 35-2, as

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well as post-judgment interest at the legal rate until paid in full.

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Having complied with the requirements of Fed. R. Civ. P. 55 and LR 55.1,

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Local Rules for the Eastern District of Washington, and the Court being fully

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advised, IT IS HEREBY ORDERED:

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1.

Plaintiffs’ motion for default judgment as to Day & Night Mechanical

Heating & Cooling, Inc., ECF No. 32, is GRANTED.
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Judgment is rendered in favor of Plaintiffs and against Defendant

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Day & Night Mechanical Heating & Cooling, Inc., for the amount described

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above.

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IT IS SO ORDERED. The District Court Executive is directed to file this

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Order and provide copies to counsel for Plaintiffs and to Defendant Day & Night

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ORDER GRANTING PLAINTIFFS’ MOTION . . . - 2

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Mechanical Heating & Cooling, Inc. Judgment shall be entered for Plaintiffs and

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the file shall be CLOSED.

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DATED June 6, 2014.

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_____________________________________
JOHN T. RODGERS
UNITED STATES MAGISTRATE JUDGE

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ORDER GRANTING PLAINTIFFS’ MOTION . . . - 3