Masonry Industry Trust Administration Inc v. D/J Masonry LLC
ORDER AWARDING SANCTIONS AND DIRECTING ENTRY OF DEFAULT JUDGMENT in favor of Masonry Industry Trust Administration Inc against D/J Masonry LLC. Case closed. Signed by Judge Salvador Mendoza, Jr. (SK, Case Administrator)
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
Nov 09, 2017
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
SEAN F. MCAVOY, CLERK
MASONRY INDUSTRY TRUST
ADMINISTRATION, INC., an
ORDER AWARDING SANCTIONS
AND DIRECTING ENTRY OF
D/J MASONRY LLC, a Washington
limited liability company,
On August 11, the Court granted Plaintiff Masonry Trust Administration,
Inc.’s motion for sanctions. ECF No. 107. The Court stated its intent to enter default
judgment in favor of Masonry Industry Trust and set a briefing schedule for the
parties to brief the amount of damages. Id. at 3. The order directed Plaintiff to file
a memorandum no later than September 11, 2017, setting forth the detailed legal
and factual basis for its claimed damages, fees, and costs and permitted Defendant
to file a response no later than September 25, 2017. Id.
ORDER - 1
Plaintiff filed its
memorandum and supporting declarations on September 11, 2017. ECF Nos. 110–
112. Defendant has filed no response.1
The Court has reviewed Plaintiff’s filings and the relevant law and finds the
requested damages are appropriate. Because Defendant refused to provide business
and payroll records necessary to verify the amount of ERISA contributions owed
by Defendant, Plaintiff is entitled to a reasonable estimate of the contributions
owed. See Brick Masons Pension Tr. v. Indus. Fence & Supply, Inc., 839 F. 2d 1333,
1338 (9th Cir. 1998) (“[W]hen an employer fails to keep adequate records of hours
worked as required by the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et
seq., the employee carries his burden of proving damages ‘if he proves that he has
in fact performed work for which he was improperly compensated and if he
produces sufficient evidence to show the amount and extent of that work as a matter
of just and reasonable inference.’” (quoting Anderson v. Mt. Clemens Pottery Co.,
328 U.S. 680, 687 (1946)). The Court is satisfied that the estimate prepared by
Plaintiff’s auditor Steven Middleton, ECF No. 111, is reasonable and well
supported. The Court adopts Mr. Middleton’s estimate of ERISA and ancillary
Defendant never filed a motion to request to extend its deadline to respond, but
D/J Masonry LLC’s owner David Petroske contacted opposing counsel on
September 24, 2017, to request a 30-day extension, and contacted opposing counsel
and the Court by phone and email on October 25, 2017, to request an additional 20day extension. In both instances, the Clerk’s Office contacted Mr. Petroske to
explain that he would need to file a motion to request an extension of his filing
deadline and the process for doing so.
ORDER - 2
contributions, interest, and liquidated damages, as the amount of default damages
owed by Defendant in this case.
Accordingly, IT IS HEREBY ORDERED:
The Clerk’s Office shall ENTER JUDGMENT against Defendant
D/J Masonry, LLC, and in favor of Plaintiff Masonry Industry Trust
Administration, Inc., in the following amounts:
$460,736.21 in ERISA and Ancillary Contributions;
$260,063.02 in interest calculated through September 25, 2017,
with interest continuing to accrue at the rate of $210.12 per day
until paid; and
$41,877.00 in liquidated damages on ERISA Contributions.
Plaintiff may file a motion for attorney’s fees and costs pursuant to
IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order,
enter Judgment, and provide copies to all counsel and pro se Defendant, and
CLOSE this case.
DATED this 9th day of November 2017.
SALVADOR MENDOZA, JR.
United States District Judge
ORDER - 3
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