Locals 302 and 612 of the International Union of Operating Engineers Construction Industry Health and Security Fund et al v. Barry Civil Construction, Inc.

Filing 11

ORDER OF DEFAULT JUDGMENT; granting Plaintiffs' 9 Motion for Default Judgment against Barry Civil Construction, Inc., by U.S. District Judge John C Coughenour. (SWT)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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LOCALS 302 AND 612 OF THE
INTERNATIONAL UNION OF
OPERATING ENGINEERS
CONSTRUCTION INDUSTRY
HEALTH AND SECURITY FUND, et
al.,

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CASE NO. C16-1773-JCC
ORDER OF DEFAULT
JUDGMENT

Plaintiffs,
v.
BARRY CIVIL CONSTRUCTION,
INC.,

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Defendant.
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This matter comes before the Court on the motion for default judgment by Plaintiffs
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Locals 302 and 612 of the International Union of Operating Engineers Construction Industry
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Health and Service Fund, et al., against Defendant Barry Civil Construction, Inc. (Dkt. No. 9).
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Barry was properly served in this matter on November 17, 2016. (Dkt. No. 2.) Barry has
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failed to appear or otherwise defend in this action. Accordingly, the Clerk entered an order of
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default on January 18, 2017. (Dkt. No. 7.)
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“At the default judgment stage, the court presumes all well-pleaded factual allegations

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related to liability are true.” Curtis v. Illumination Arts, Inc., 33 F. Supp. 3d 1200, 1211 (W.D.
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ORDER OF DEFAULT JUDGMENT
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Wash. 2014); see also TeleVideo Sys., Inc. v. Heidenthal, 826 F.2d 915, 917-18 (9th Cir. 1987).

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However, factual allegations relating to the amount of damages are not taken as true. Curtis, 33

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F. Supp. 3d at 1211. A “plaintiff is required to prove all damages sought in the complaint, and

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the court must ensure that the amount of damages is reasonable and demonstrated by the

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evidence.” Id.

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Based on the materials submitted, the Court finds sufficient allegations, as well as

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evidence, to establish liability and sufficient evidence to support the amount and type of

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damages.

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Thus, the motion for default judgment (Dkt. No. 9) is GRANTED. The summary of
judgment is as follows:
Judgment Creditor:
Judgment Debtor:

Operating Engineers Trust Funds
Barry Civil Construction, Inc.

Amounts Payable to Plaintiff Fund
Unpaid Contributions:
Liquidated Damages
Interest through March 24, 2017
Interest thereafter
(on unpaid contributions only)

$34,837.76
$4,258.07
$1,634.60
12% per annum

Amounts Payable to Plaintiff Local Union
Unpaid Union Dues:

$2,028.76

Amounts Payable to All Plaintiffs

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Attorney Fees:
Costs:
Other Recovery Amounts:
Interest Rate on Costs:
Attorneys for Judgment Creditor:

$546.00
$459.50
NONE
NONE
Reid, McCarthy, Ballew & Leahy, L.L.P.

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TOTAL:

$43,764.69

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The Clerk is directed to CLOSE this case.

ORDER OF DEFAULT JUDGMENT
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DATED this 30th day of March, 2017.

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A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER OF DEFAULT JUDGMENT
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