Northwest Administrators Inc v. Pacific Delivery Service, Inc

Filing 9

ORDER granting pltf's 7 Motion for Default Judgment by Judge Richard A Jones.(RS)

HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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NORTHWEST ADMINISTRATORS, INC.,

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Plaintiff,

PACIFIC DELIVERY SERVICE, INC.,

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ORDER

Defendant.
This matter comes before the court on Plaintiff’s motion for default judgment.
Dkt. # 7. The court GRANTS the motion, and directs the clerk to enter a default
judgment in accordance with this order.
The court’s role in considering a motion for default judgment is not ministerial.
The court must accept all well-pleaded allegations of the complaint as established fact,
except facts related to the amount of damages. TeleVideo Sys., Inc. v. Heidenthal, 826
F.2d 915, 917-18 (9th Cir. 1987). Where those facts establish a defendant’s liability, the
court has discretion, not an obligation, to enter a default judgment. Aldabe v. Aldabe, 616
F.2d 1089, 1092 (9th Cir. 1980); Alan Neuman Productions, Inc. v. Albright, 862 F.2d
1388, 1392 (9th Cir. 1988). The plaintiff must provide evidence to support a claim for a
particular sum of damages. TeleVideo Sys., 826 F.2d at 917-18; see also Fed. R. Civ. P.
55(b)(2)(B). Where the plaintiff cannot prove that the sum he seeks is “a liquidated sum
or capable of mathematical calculation,” the court must conduct a hearing or otherwise

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CASE NO. C14-635RAJ

v.

ORDER – 1

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ensure that the damage award is appropriate. Davis v. Fendler, 650 F.2d 1154, 1161 (9th

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Cir. 1981).

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Plaintiff has established that Defendant withdrew from a pension fund that it

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administers and that Plaintiff assessed Defendant’s liability for withdrawal at

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$239,452.54. Ditter Decl. (Dkt. # 8), ¶ 12 & Ex. D. Plaintiff has established that it

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complied with the terms of the governing contract as to notifying Defendant of its

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withdrawal liability, and that because Defendant did not make payments in accordance

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with Plaintiff’s demand, Plaintiff has the right to declare the entire balance of withdrawal

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liability due. Ditter Decl., Ex. A (Employer Withdrawal Liability Rules and Procedures

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at § 16(c)(5). Plaintiff has also established that the unpaid withdrawal liability is a

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delinquent “Employer Contribution” within the meaning of the trust agreement, and that

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Plaintiff is therefore entitled to liquidated damages of 20% of the withdrawal liability, or

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$47,890.51 in this case. Id. (Trust Agr. Part I, § 9 (defining “Employer Contributions”),

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Part IV, § 3(b)(2) (providing liquidated damages for delinquent contributions). By virtue

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of the same agreement, Plaintiff is entitled to $557.75 in interest accrued through June

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15, 2014, and is entitled to interest on the withdrawal liability only at a rate of 3.25% per

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year thereafter.

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Plaintiff has established entitlement to attorney fees of $1,873.50 and costs of

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$469. Although Plaintiff’s evidence of attorney fees includes the hourly fees of non-

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attorneys, Plaintiff has established that its counsel does not incorporate non-attorney

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work into its hourly rate, and has established that counsel actually bills Plaintiff for the

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work of non-attorneys. In accordance with Trustees of the Const. Indus. & Laborers

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Health & Welfare Trust v. Redland Ins. Co., 460 F.3d 1253, 1256-57 (9th Cir. 2006), the

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court awards the hourly fees of both Plaintiff’s counsel and counsel’s hourly-billing

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support staff.

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ORDER – 2

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The court directs the clerk to enter default judgment for Plaintiff in accordance
with this order.
DATED this 14th day of July, 2014.

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A

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The Honorable Richard A. Jones
United States District Court Judge

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ORDER – 3