Northwest Administrators Inc v. Washington State Trucking, Inc.
ORDER granting plaintiff's 11 Motion for Default Judgment signed by Judge Richard A Jones.(RS)
HONORABLE RICHARD A. JONES
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
CASE NO. C16-1244 RAJ
TRUCKING, INC., a Washington
This matter comes before the Court on Plaintiff’s motion for default judgment.
20 Dkt. # 11. The Court GRANTS the motion and directs the clerk to enter default
21 judgment as directed at the conclusion of this order.
The Court’s role in reviewing a motion for default judgment is not ministerial. It
23 must accept all well-pleaded allegations of the complaint as fact, except facts related to
24 the amount of damages. TeleVideo Sys., Inc. v. Heidenthal, 826 F.2d 915, 917-18 (9th
25 Cir. 1987). Where those facts establish a defendant’s liability, the Court has discretion,
26 not an obligation, to enter a default judgment. Aldabe v. Aldabe, 616 F.2d 1089, 1092
27 (9th Cir. 1980); Alan Neuman Productions, Inc. v. Albright, 862 F.2d 1388, 1392 (9th
1 Cir. 1988). The plaintiff must submit evidence supporting a claim for a particular sum of
2 damages. TeleVideo Sys., 826 F.2d at 917-18; see also Fed. R. Civ. P. 55(b)(2)(B). If the
3 plaintiff cannot prove that the sum it seeks is “a liquidated sum or capable of
4 mathematical calculation,” the Court must hold a hearing or otherwise ensure that the
5 damage award is appropriate. Davis v. Fendler, 650 F.2d 1154, 1161 (9th Cir. 1981).
Plaintiff is the authorized administrative agent for and assignee of two union trust
7 funds. The evidence it has presented establishes that Defendant was delinquent in its
8 monthly contributions to the fund. The evidence demonstrates that the amount of liability
9 for the delinquency is $30,041.34, plus liquidated damages in the amount of $7,772.66,
10 and interest at the rate of 4% per annum, which amounts to $1,881.22.
In addition, Plaintiff requests attorney fees and costs. Although Plaintiff’s
12 evidence of attorney fees includes the hourly fees of non-attorneys, Plaintiff has
13 established that its counsel does not incorporate non-attorney work into his hourly rate,
14 and has established that counsel actually bills Plaintiff for the work of non-attorneys.
15 Dkt. # 11 at p. 7. In accordance with Trustees of the Const. Indus. & Laborers Health &
16 Welfare Trust v. Redland Ins. Co., 460 F.3d 1253, 1256-57 (9th Cir. 2006), the Court
17 awards the hourly fees of both Plaintiff’s counsel and counsel’s hourly-billing support
18 staff. The Court finds that Plaintiff’s evidence supports an attorney fee award of
19 $2,475.43 and costs of $654.
The clerk shall enter default judgment in accordance with this order.
Dated this 13th day of June, 2017.
The Honorable Richard A. Jones
United States District Judge
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