Northwest Sheet Metal Workers Organizational Trust et al v. 4 Seasons Mechanical et al
MINUTE ORDER denying without prejudice Plaintiff's 17 Renewed Motion for Default Judgment, authorized by Judge Thomas S. Zilly. (SWT)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
NORTHWEST SHEET METAL
4 SEASONS MECHANICAL, and
The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:
Plaintiff’s Renewed Motion for Default Judgment, docket no. 17 (the
“Motion”), is DENIED without prejudice. Plaintiff seeks $154,222.10 in contributions,
$16,077.20 in liquidated damages, $4,643.68 in pre-judgment interest, $400.00 in costs,
$3,623.00 in attorney’s fees, and post-judgment interest at 1.41% per annum. See Motion
at 1–2. The Motion relies on the “Renewed Declaration of Daniel Hutzenbiler [, docket
no. 18, the ‘Hutzenbiler Declaration’ ]with attached exhibits, the Complaint and Answer,
and the file and record herein.” Id. at 4. The Court cannot reconcile the amounts
requested in the Motion with the evidence relied on. Specifically, the amounts listed in
the Motion are internally inconsistent and conflict with the numbers and calculations
contained in the Hutzenbiler Declaration. Both the Motion and the Hutzenbiler
Declaration conflict with the data and information contained in the supporting exhibits.
Additionally, Plaintiff cites to documents not in the record. See, e.g., Motion at 3 (citing
to “Answer, Dkt. #5”). Accordingly, the Court declines to enter default judgment at this
MINUTE ORDER - 1
The Clerk is directed to send a copy of this Minute Order to all counsel of
Dated this 27th day of October, 2017.
William M. McCool
MINUTE ORDER - 2
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