Puget Sound Electrical Workers Healthcare Trust et al v. Communication Energy Technology Solutions, Inc. et al

Filing 14

ORDER granting plaintiffs' 11 Motion for Default Judgment signed by Judge Ricardo S Martinez.(RS)

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Honorable Ricardo S. Martinez

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE

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PUGET SOUND ELECTRICAL WORKERS
HEALTHCARE TRUST; PUGET SOUND
Cause No. 17-cv-0500 RSM
ELECTRICAL WORKERS PENSION TRUST;
PUGET SOUND ELECTRICAL WORKERS
ORDER ON MOTION FOR ENTRY OF
401(K) SAVINGS PLAN TRUST; PUGET
DEFAULT JUDGMENT
SOUND ELECTRICAL JOINT APPRENTICESHIP
AND TRAINING TRUST; and NATIONAL
ELECTRICAL BENEFIT FUND,
v.

COMMUNICATION ENERGY TECHNOLOGY
SOLUTIONS, INC., a Washington
corporation; THOMAS K. JORDAN, an
individual,

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Plaintiffs,

Defendants.
This matter is before the Court on the plaintiff Puget Sound Electrical Workers Trust
Funds’ motion for entry of default judgment. The Court has considered the motion,
supporting papers with attached exhibits, as well as the pleadings, records, and court files
in this matter, and ORDERS:
1.

The plaintiff Trust Funds’ motion for entry of default judgment is GRANTED;

2.

The Court finds that defendant Communication Energy Technology
Solutions, Inc. is liable to the plaintiff Trust Funds under the provisions of

ORDER ON MOTION FOR ENTRY OF DEFAULT JUDGMENT – 1
17-cv-0500 RSM

EKMAN CUSHING MAXWELL,
P.S.
ATTORNEYS AT LAW

220 W MERCER STREET, SUITE 400
SEATTLE, WASHINGTON 98119-3966
[phone]

the collective bargaining and trust agreements that govern the relationship
in this matter;

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3.

The Court finds the defendant Communication Energy Technology
Solutions, Inc. is liable to the plaintiff Trust Funds for the period November
2016 through February 2017 for: (i) $35,455.74 in fringe benefit
contributions; (ii) $3,530.52 in liquidated damages; and (iii) $1,891.50 in
accrued, pre-judgment interest;

4.

The Court finds the defendant Communication Energy Technology
Solutions, Inc. is liable to the plaintiff Trust Funds for $6,258.00 in attorney
fees and $538.00 in costs directly related to this action;

5.

The Court finds that defendant Thomas K. Jordan has joint and several
liability for $3,110.21 of the above-listed fringe benefit contributions,
representing $752.21 in vacation pay and $2,358.00 in 401(k) contributions
withheld from employee paychecks but not remitted to the plaintiff Trust
Funds;

6.

This judgment shall bear interest at the 12 percent, per annum rate specified
in the applicable trust agreements from the date of this judgment until paid
in full, as allowed under 29 U.S.C. § 1132(g); and

7.

The Clerk of the Court is directed to enter judgment against defendant
Communication Energy Technology Solutions, Inc. and Thomas K. Jordan
consistent with this order.

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Dated: July 12, 2017.

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER ON MOTION FOR ENTRY OF DEFAULT JUDGMENT – 2
17-cv-0500 RSM

EKMAN CUSHING MAXWELL,
P.S.
ATTORNEYS AT LAW

220 W MERCER STREET, SUITE 400
SEATTLE, WASHINGTON 98119-3966
[phone]