Downs v. JSP Cos.
Downs v. JSP Cos.
Opinion of the Court
Before the Court is the Plaintiffs' Motion for Entry of Default Judgment. Dkt. 9. For the reasons that follow, the motion will be granted in part and denied in part.
I. BACKGROUND
The plaintiffs are administrators of two benefit plans: the Laborers' International Union North America National Pension Fund ("LIUNA Pension Fund") and the Service Contract Education and Training Trust Fund ("Education Fund"). Compl. ¶¶ 5, 7, Dkt. 1. Both plans are multiemployer employee benefit plans organized under the Employee Retirement Income Security Act ("ERISA"). Id. ¶¶ 6, 8; see
The plaintiffs filed the complaint in this action on January 24, 2017. Dkt 1. Jaime Canales was duly served with the complaint and summons on February 2, 2017. Aff. of Service, Dkt. 3. JSP was duly served with the complaint and summons on February 9, 2017. Aff. of Service, Dkt. 4. Because the defendants did not answer or otherwise respond to the complaint within the time period allotted by Rule 12 of the Federal Rules of Civil Procedure, the plaintiffs requested an entry of default. Dkt. 5. The plaintiffs also mailed a copy of their request to the defendants. Dkt. 5-4. The Clerk of the Court entered default on March 13, 2017. Dkt. 7; Dkt. 8. On September 1, 2017, the plaintiffs moved this Court to enter a default judgment against the defendants under Rule 55(b)(2). Dkt. 9. The case was reassigned to the undersigned judge on December 4, 2017.
II. LEGAL STANDARD
The Federal Rules of Civil Procedure empower a federal district court to enter a default judgment against a defendant who fails to defend its case. Fed. R. Civ. P. 55(b)(2) ; Keegel v. Key W. & Caribbean Trading Co. ,
Obtaining a default judgment is a two-step process. First, the plaintiff must request that the Clerk of Court enter default against a party who has failed to plead or otherwise defend. Fed. R. Civ. P. 55(a). The Clerk's default entry establishes the defaulting defendant's liability for the well-pleaded allegations of the complaint. See Boland v. Providence Constr. Corp. ,
When ruling on a motion for default judgment, a court "is required to make an independent determination of the sum to be awarded." Fanning v. Permanent Sol. Indus., Inc. ,
III. ANALYSIS
A. Jaime Canales
The plaintiffs assert that Jaime Canales can be held personally liable for the unpaid contributions because he is an "employer" or a "fiduciary" under ERISA. See Compl. ¶ 10 (citing
Canales is JSP's president and owner. "Officers of a corporation do not fall within ERISA's definition of an 'employer,' and thus officers cannot be held personally liable for a corporation's alleged ERISA violations by virtue of their relationship *167to the employer alone." Oliver v. Black Knight Asset Mgmt., LLC ,
Here, the plaintiffs do not sufficiently allege-indeed, it appears they do not attempt to allege-that Canales acted as an "alter ego" of JSP or that circumstances permit piercing the corporate veil. In particular, the plaintiffs do not allege that (1) Canales and JSP lack separate personalities due to a unity of interest and ownership, based on factors such as the nature of corporate ownership and control, failure to maintain adequate corporate records and formalities, and commingling of funds and corporate assets; and (2) an inequitable result would follow if the JSP's actions were treated as those of JSP alone. See Labadie Coal Co. v. Black ,
In addition, Canales cannot be held liable as a "fiduciary" under ERISA. Relevant here, "a person is a fiduciary with respect to a plan to the extent ... he exercises any discretionary authority or discretionary control respecting management of such plan or exercises any authority or control respecting management or disposition of its assets."
The prototypical fiduciary of a benefit plan is an administrator or investment advisor, but the plaintiffs cite cases from other circuits to argue that Canales is a "de facto fiduciary" of the benefit plans because he exercises discretionary authority over "plan assets." Compl. ¶ 10; Pls.' Mem. at 3-4 (citing, for example, Perez v. Wallis ,
The Court finds little support for the plaintiffs' theory in this circuit, but at least one recent case stated, "Courts have recognized that unpaid contributions may be considered plan assets if they are defined as such in the plan agreements." Int'l Painters & Allied Trades Indus. Pension Fund v. Davanc Contracting, Inc. ,
The plaintiffs here offer the bare assertion that the unpaid contributions are plan *168assets "for purposes of ERISA." Compl. ¶¶ 37-38. But they do not allege or demonstrate that the plan agreements actually define unpaid contributions as ERISA "plan assets," much less "unambiguously" so. See Davanc Contracting, Inc. ,
B. JSP Companies, Inc.
JSP, however, may be held liable. Due to the Clerk's default entry in this case, JSP is deemed liable for the well-pleaded allegations in the complaint, including the allegation that the company failed to make timely contributions to the benefit plans. Providence Constr. ,
JSP's obligations are set forth in collective bargaining agreements with Public Service Employees Union 527. Compl. ¶¶ 12-15, 23-26; Compl. Ex. A, Dkt. 1-2; Compl. Ex. B, Dkt. 1-3. These agreements and ERISA obligate JSP to pay (1) contributions based on the number of hours worked by employees in covered employment; (2) interest on unpaid contributions at a rate of 1.5% per month; (3) mandatory relief under ERISA Section 502(g)(2)(C), calculated as the higher of either an additional interest payment on unpaid contributions at a rate of 1.5% per month, or liquidated damages calculated as 20% of the total contributions owed; and (4) related attorney's fees and costs. Compl. ¶¶ 21, 32. If an employer like JSP does not comply with such agreements, Section 502 of ERISA directs courts to award the amounts owed. See
According to the complaint, JSP disregarded its obligations, so the plaintiffs now seek to recover the amounts owed. Compl. ¶¶ 18, 28. In support of their motion for default judgment, the plaintiffs have submitted (1) the declaration of Richard Moreschi, the Assistant Fund Administrator of the LIUNA Pension Fund, see Dkt. 9-2; (2) the declaration of Beth Via, the Fund Administrator for the Education Fund, see Dkt. 9-3; and (3) the declaration of James S. Ray, counsel for the plaintiffs, see Dkt. 9-4. The declarations set forth the plaintiffs' calculations with specificity. Moreschi's and Via's declarations detail the contributions and interest owed by JSP to their respective funds. Ray's declaration details the costs associated with this action. In particular, the declarations and the entire record establish that JSP owes the following amounts totaling $142,397.81:
• $62,031.13 to the LIUNA Pension Fund for unpaid contributions from November 1, 2012 through July 28, 2017, Moreschi Decl. ¶ 12;
• $31,291.93 to the LIUNA Pension Fund for interest on the unpaid contributions,id. ¶ 14 ;
• $31,291.93 to the LIUNA Pension Fund as mandatory relief under ERISA Section 502(g)(2)(C), calculated as 1.5% of the unpaid contributions,id. ;
• $318.75 to the LIUNA Pension Fund for half of the filing and service of process fees required for this action,id. ¶ 15 ; Ray Decl. ¶ 22;
• $9,609.78 to the Education Fund for unpaid contributions from November 1, 2012 through July 28, 2017, Via Decl. ¶ 14;
*169• $3,767.77 to the Education Fund for interest on the unpaid contributions,id. ¶ 16 ;
• $3,767.77 to the Education Fund as mandatory relief under ERISA Section 502(g)(2)(C), calculated as 1.5% of the unpaid contributions,id. ; and
• $318.75 to the Education Fund for half of the filing and service of process fees required for this action,id. ¶ 17 ; Ray Decl. ¶ 22.
Therefore, pursuant to the agreements between the parties and Section 502 of ERISA, the Court concludes that the plaintiffs are entitled to a total monetary judgment of $142,397.81.
The plaintiffs also seek equitable relief, namely orders directing JSP to (1) pay interest accruing on the above unpaid contributions from August 1, 2017 until the date the contributions are paid, at a rate of 1.5% per month compounded; (2) comply with its obligations to report and contribute in the future; (3) submit to an audit of its payroll records from December 2012 through the date of judgement; (4) remit additional delinquent contributions uncovered by the audit; (5) remit interest for the additional delinquent contributions at a rate of 1.5% per month compounded; and (6) pay for the costs of the audit. See Compl. at 17-19: Pls.' Mot. at 2-3; Pls.' Mem. at 15-19. Section 502 authorizes a district court to award "such other legal or equitable relief as the court deems appropriate."
As demonstrated throughout this action, JSP appears unwilling to participate in the judicial process or comply with its contractual and statutory obligations. JSP has repeatedly disregarded its obligations to submit timely reports and pay monthly contributions to the benefit plans. See Compl. ¶¶ 16, 27. Also, JSP's refusal to submit complete contribution reports continues to make a precise accounting of the outstanding contributions and interests impossible.
CONCLUSION
For the foregoing reasons, Plaintiffs' Motion for Entry of Judgment by Default, *170Dkt. 9, is granted in part and denied in part. A separate order consistent with this decision accompanies this memorandum opinion.
Reference
- Full Case Name
- Adam M. DOWNS v. JSP COMPANIES, INC.
- Status
- Published