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

Filing 13

ORDER granting Plaintiffs' 11 Motion for Default Judgment signed by U.S. District Judge John C Coughenour. (TH)

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. C18-0435-JCC
ORDER

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Plaintiffs,
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v.

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R G CONSTRUCTION, INC.,

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Defendant.

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This matter comes before the Court on Plaintiffs’ motion for default judgment (Dkt. No.
11). The Court has considered the motion and the relevant record and FINDS that:

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(1) Defendant was properly served in this matter on or about August 22, 2018 (Dkt. No.
7);

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(2) The Clerk entered an order of default against Defendant on September 18, 2018 (Dkt.
No. 9);
(3) Defendant has failed to appear or otherwise defend in this action; and
(4) The factors set forth in Eitel v. McCool, 782 F.2d 1470, 1471–72 (9th Cir. 1986) support
granting default judgment in Plaintiffs’ favor.
Accordingly, Plaintiffs’ motion for default judgment (Dkt. No. 11) is GRANTED in its
ORDER
C18-0435-JCC
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entirety. The Court ORDERS as follows:

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SUMMARY OF DEFAULT JUDGMENT

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Judgment Creditor

Operating Engineers Trust Funds

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Judgment Debtor

R G Construction, Inc.

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Amounts Payable to Plaintiff Fund

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Liquidated Damages

$3,638.02

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Interest through April 13, 2018

$396.10

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Amounts Payable to All Plaintiffs

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Attorney Fees

$531.00

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Costs

$535.00

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Other Recovery Amounts

None

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Interest Rate on Costs

None

Attorneys for Judgment Creditor

Reid, McCarthy, Ballew, & Leahy, L.L.P.

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THIS MATTER coming on for consideration upon Plaintiffs’ motion for default
judgment against Defendant, Plaintiffs being represented by their attorney, Russell J. Reid of
Reid, McCarthy, Ballew & Leahy, L.L.P., Defendant not being represented, and the Court
having reviewed the records and file herein, including the affidavit of Russell J. Reid and the
exhibits thereto and the declaration of Adam Keck and the exhibits thereto in support of
Plaintiffs’ motion, and being fully advised, now, therefore, it is hereby:
ORDERED, ADJUDGED AND DECREED that Plaintiffs be and hereby are awarded
judgment against Defendant in the amounts hereinafter listed, which amounts are due the
Plaintiffs by Defendant for its inclusive employment of members of the bargaining unit
represented by Locals 302 and 612 with which Defendant has a valid collective bargaining
agreement and which amounts are due by reason of its specific acceptance of the Declarations of
Trust for the employment period of January 2018 and February 2018: for liquidated damages of
ORDER
C18-0435-JCC
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$3,638.02, for pre-judgment interest of $396.10, for attorney fees of $531.00, and for costs of

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$535.00; for a total of $5,100.12.

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DATED this 20th day of December 2018.

A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER
C18-0435-JCC
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