Puget Sound Electrical Workers Healthcare Trust et al v. Sentry Storage Partners II, LLC

Filing 27

ORDER ON PLAINTIFFS' 24 MOTION FOR AN AWARD OF ATTORNEY FEES AND COSTS AND FOR ENTRY OF JUDGMENT signed by Hon. Mary Alice Theiler. (KMP)

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1 Honorable Mary Alice Theiler 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 11 12 PUGET SOUND ELECTRICAL WORKERS HEALTHCARE TRUST; PUGET SOUND ELECTRICAL WORKERS PENSION TRUST; PUGET SOUND ELECTRICAL WORKERS 401(K) SAVINGS PLAN TRUST; PUGET SOUND ELECTRICAL JOINT APPRENTICESHIP AND TRAINING TRUST; and NATIONAL ELECTRICAL BENEFIT FUND, 13 14 15 Cause No. 17-cv-1124 MAT ORDER ON PLAINTIFFS’ MOTION FOR AN AWARD OF ATTORNEY FEES AND COSTS AND FOR ENTRY OF JUDGMENT Plaintiffs, v. SENTRY STORAGE PARTNERS II, LLC d/b/a BOBCAT CONSTRUCTION, 16 Defendant. 17 This matter is before the Court on plaintiff Trust Funds’ motion for entry of an award 18 of attorney fees and costs, and for entry of judgment. The Court has considered the motion 19 and supporting papers; notes the lack of any opposition of defendant; the Trust Funds’ reply, 20 as well as the pleadings, files, and court records in this matter. 21 Being otherwise fully advised, the Court ORDERS: 22 1. Plaintiffs’ motion for an award of attorney fees and costs, and for entry of judgment, is GRANTED; 23 ORDER – 1 17-cv-1124 MAT 6900 005 tf131903 McKENZIE ROTHWELL BARLOW & COUGHRAN, P.S. 1325 FOURTH AVENUE, SUITE 910 SEATTLE, WA 98101 (206) 224-9900 1 2. Sentry Storage Partners II, LLC d/b/a BobCat Construction is liable to the Plaintiffs for $144,470.24 in fringe benefit contributions, as set forth in the February 7, 2017 payroll compliance report; 3. Sentry Storage Partners II, LLC d/b/a BobCat Construction is liable to the Plaintiffs for $14,789.32 in liquidated damages, as set forth in the February 7, 2017 payroll compliance report; 4. Sentry Storage Partners II, LLC d/b/a BobCat Construction is liable to the Plaintiffs for $31,054.57 in accrued interest through the date of the audit, as set forth in the February 7, 2017 payroll compliance report; 5. Sentry Storage Partners II, LLC d/b/a BobCat Construction is liable to the Plaintiffs for $18,846.55 in additional accrued interest through the May 21, 2018 order granting summary judgment in this matter; 6. Sentry Storage Partners II, LLC d/b/a BobCat Construction is liable to the Plaintiffs for $2,929.25 in accounting fees, as set forth in the February 7, 2017 payroll compliance report; 7. Sentry Storage Partners II, LLC d/b/a BobCat Construction is liable to the Plaintiffs for $9,926.00 in attorney fees under ERISA; 8. Sentry Storage Partners II, LLC d/b/a BobCat Construction is liable to the Plaintiffs for $608.80 in costs incurred in this action; 9. 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)(2); and 10. The Clerk of Court is directed to enter judgment against defendant Sentry Storage Partners II, LLC d/b/a BobCat Construction consistent with this order. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Dated: June 26, 2018. 18 A 19 Mary Alice Theiler United States Magistrate Judge 20 21 22 23 ORDER – 2 17-cv-1124 MAT 6900 005 tf131903 McKENZIE ROTHWELL BARLOW & COUGHRAN, P.S. 1325 FOURTH AVENUE, SUITE 910 SEATTLE, WA 98101 (206) 224-9900

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