Carpenters Health and Security Trust of Western Washington v. Teras Construction LLC

1 HONORABLE RICHARD A. JONES

8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 AT SEATTLE CARPENTERS HEALTH AND SECURITY TRUST OF WESTERN WASHINGTON; CARPENTERS RETIREMENT TRUST OF Case No. 19-cv-01029-RAJ WESTERN WASHINGTON; CARPENTERS-EMPLOYERS VACATION ORDER GRANTING MOTION TRUST OF WESTERN WASHINGTON; and FOR DEFAULT JUDGMENT CARPENTERS-EMPLOYERS APPRENTICESHIP AND TRAINING TRUST FUND OF WASHINGTON-IDAHO, 16 Plaintiffs, 17 v. TERAS CONSTRUCTION, LLC, a Washington limited liability company, 20 Defendant.

This matter comes before the Court on Plaintiffs’ amended motion for default judgment against Defendant Teras Construction, LLC (“Teras”). Dkt. # 15. On July 10, 2019, Teras was served with a summons and copy of the complaint. Dkt. # 5. Teras did not appear or otherwise respond. On November 18, 2019, the Court entered an order of default against Teras. Dkt. # 9. Plaintiffs moved for default judgment. Dkt. # 10. The Court denied the motion without prejudice. Dkt. # 14. To date, Teras has not appeared in this matter.

2 Now, Plaintiffs amend their motion for default judgment. Dkt. # 15. For the following reasons, the Court GRANTS the motion.

4 At the default judgment stage, a court presumes all well-pleaded factual allegations are true, except those related to damages. TeleVideo Sys., Inc. v. Heidenthal, 826 F.2d 915, 917-18 (9th Cir. 1987); see also Fair House. of Marin v. Combs, 285 F.3d 7 899, 906 (9th Cir. 2002). Where those facts establish a defendant’s liability, the court has discretion, not an obligation, to enter a default judgment. Aldabe v. Aldabe, 616 F.2d 9 1089, 1092 (9th Cir. 1980); Alan Neuman Productions, Inc. v. Albright, 862 F.2d 1388, 1392 (9th Cir. 1988). A plaintiff must submit evidence supporting a claim for a particular sum of damages. TeleVideo Sys., 826 F.2d at 917-18; see also Fed. R. Civ. P. 55(b)(2)(B). If the plaintiff cannot prove that the sum it seeks is “a liquidated sum or capable of mathematical calculation,” the court must hold a hearing or otherwise ensure that the damage award is appropriate. Davis v. Fendler, 650 F.2d 1154, 1161 (9th Cir. 1981).

16 Plaintiffs are a collection of trust funds established to offer fringe benefits to eligible participants. Dkt. # 1 ¶¶ 1.1-1.3. Teras is a Washington limited liability company. Id. ¶ 1.6. In late 2013, Teras executed a Compliance Agreement that bound Teras to a master labor agreement (collectively, the “Agreements”). Id. ¶¶ 3.1-3.3.

20 Under the Agreements, Teras agreed to be bound by the terms of the four trust agreements that comprise the Carpenters Trusts. Id. ¶ 3.6. In doing so, Teras also agreed to pay fringe benefit contributions to each of the Plaintiff trust funds. Id. ¶¶ 3.6-3.10.

23 Since at least October 2016, Teras has periodically failed to timely report and pay those fringe benefit contributions, incurring liquidated damages and prejudgment interest. Dkt.

25 # 16 ¶ 13.

26 The Court denied Plaintiffs’ previous motion for default judgment because their documentation of when Teras had gone in and out of delinquency was spotty. Dkt. # 14 at 2. The chronology of payments, delinquencies, and liquidated damages was lacking, making it difficult to track the amount Teras owed and to determine whether Plaintiffs were indeed seeking a reasonable sum certain. Id. at 2-3.

4 The Plaintiffs’ instant motion for default judgment is a significant improvement.

5 Dkt. ## 15-17. It amply explains the history of Teras’s delinquencies, repayments, and accrued liquidated damages and interests. Dkt. # 16. It also fully supports Plaintiffs’ current request for $23,061.46, consisting of $22,556.39 in liquidated damages and $505.07 in accrued interest. Dkt. # 16 at 12; see also id. ¶ 22.

9 Finally, Plaintiffs have presented evidence of attorney’s fees and costs. Dkt. # 12 at 12-20. In accordance with Trustees of the Const. Indus. & Laborers Health & Welfare Trust v. Redland Ins. Co., 460 F.3d 1253, 1256-57 (9th Cir. 2006), the Court awards the hourly fees of both Plaintiffs’ counsel and counsel’s hourly-billing support staff. The Court finds that Plaintiffs’ evidence supports an attorney fee award of $8,036 and costs of $448. Dkt. # 12 at 12-20.

15 For the reasons stated above, it is hereby ORDERED that: 16 (1) Plaintiffs’ amended motion or default judgment is GRANTED (Dkt. # 15); 17 (2) Default judgment is entered in favor of Plaintiffs and against Teras, 18 (3) Default judgment is for the total amount of $23,061.46, consisting of 19 $22,556.39 in liquidated damages and $505.07 in accrued interest; and 20 (4) Plaintiffs’ counsel is entitled to attorneys’ fees of $8,036 and costs of $448.

22 DATED this 12th day of August, 2021.

A The Honorable Richard A. Jones United States District Judge