Northwest Administrators Inc v. Ross Island Sand & Gravel Co

Filing 10

ORDER granting plaintiff's 8 Motion for Default Judgment signed by Judge Richard A Jones.(RS)

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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.,
Plaintiff,

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CASE NO. C17-622RAJ
ORDER

v.
ROSS ISLAND SAND & GRAVEL
CO., an Oregon corporation,

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Defendant.

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This matter comes before the Court on Plaintiff’s motion for default judgment.

19 Dkt. # 8. The Court GRANTS the motion and directs the clerk to enter default judgment
20 as directed at the conclusion of this order.
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The Court’s role in reviewing a motion for default judgment is not ministerial. It

22 must accept all well-pleaded allegations of the complaint as fact, except facts related to
23 the amount of damages. TeleVideo Sys., Inc. v. Heidenthal, 826 F.2d 915, 917-18 (9th
24 Cir. 1987). Where those facts establish a defendant’s liability, the Court has discretion,
25 not an obligation, to enter a default judgment. Aldabe v. Aldabe, 616 F.2d 1089, 1092
26 (9th Cir. 1980); Alan Neuman Productions, Inc. v. Albright, 862 F.2d 1388, 1392 (9th
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ORDER- 1

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).
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Plaintiff is the authorized administrative agent for and assignee of the Western

7 Conference of Teamsters Pension Trust Fund. The evidence it has presented establishes
8 that Defendant was delinquent in its monthly contributions to the fund. The evidence
9 demonstrates that the amount of liability for the delinquency is $8,347.56, plus liquidated
10 damages in the amount of $1,789.06, and interest in the amount of $117.14.
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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. # 8 at 5-6. 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 $725.95
19 and costs of $449.50.
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The clerk shall enter default judgment in accordance with this order.

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Dated this 28th day of June, 2017.

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A

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The Honorable Richard A. Jones
United States District Judge

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ORDER- 2