Locals 302 and 612 of the International Union of Operating Engineers Construction Industry Health and Security Fund et al v. Fred Hill Materials Inc

Filing 15

ORDER granting 6 Plaintiffs' Motion for Summary Judgment by Hon. James P. Donohue.(MD)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The parties have consented to this matter proceeding before the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). This matter comes before the Court on Plaintiffs' motion for summary judgment. Dkt. No. 6. Plaintiffs seek to recover liquidated damages and interest associated with Defendant's delinquent payment of employee benefit contributions to the Plaintiff Trust Funds. Defendant has not responded to Plaintiffs' motion; Defendant's failure to respond to the motion amounts to an admission that the motion has merit. See Local Rule CR 7(b)(2). v. FRED HILL MATERIALS, INC., a Washington corporation, Defendant. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE LOCALS 302 AND 612 OF THE INTERNATIONAL UNION OF OPERATING ENGINEERS CONSTRUCTION INDUSTRY HEALTH AND SECURITY FUND, et al., Plaintiffs, Case No. 09-cv-207-JPD ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT

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NOW, THEREFORE, the Court, after careful consideration of Plaintiffs' motion for summary judgment, all supporting documents, and the balance of the record, does hereby find and ORDER: (1) (2) Plaintiffs' motion for summary judgment, Dkt. No. 6, is GRANTED. Judgment is awarded in favor of the Plaintiff Trust Funds and against Defendant

Fred Hill Materials, Inc. in the following amounts: $3,963.45 for liquidated damages; $451.24 for interest; $480.00 for attorneys' fees; and $455.10 for costs. These amounts are due and owing for the December 2008 employment period. (3) The Clerk of the Court is directed to send copies of this Order to all parties.

DATED this 27th day of May, 2009.

A
JAMES P. DONOHUE United States Magistrate Judge

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