Boards of Trustees of the Cement Masons & Plasterers Health & Welfare Trust,...

6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE BOARDS OF TRUSTEES OF THE CEMENT MASONS & PLASTERERS HEALTH & Case No. 2:25-cv-00885-JHC WELFARE TRUST, CEMENT MASONS AND PLASTERERS RETIREMENT TRUST, ORDER RE: DEFAULT JUDGMENT CEMENT MASONS AND PLASTERERS 401(k) TRUST, and WESTERN WASHINGTON CEMENT MASONS JOURNEYMAN AND APPRENTICE TRAINING TRUST, Plaintiffs, v. LIGHTNING CONCRETE, LLC, A Washington limited liability company, Contractor's License No. LIGHTCL847CD, UBI No. 603576721, Defendant.

18 This matter comes before the Court on the Plaintiffs’ motion for entry of a default judgment against Defendant Lightning Concrete, LLC. Dkt. # 10. The Court has reviewed the motion and supporting papers, as well as the pleadings, files, and court records in this matter.

21 Being otherwise fully informed, the Court ORDERS: 22 1. The Court agrees with Plaintiffs’ application of the factors under Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986).

2. Plaintiffs’ motion is GRANTED.

1 3. The Court previously found that Defendant Lightning Concrete, LLC was served with a summons and Complaint in this matter. Dkt. # 8.

4. The Court previously found that Defendant Lightning Concrete, LLC failed to 3 appear, answer, or otherwise defend itself against the claims asserted in the Complaint. Id. 5. Plaintiffs are entitled to entry of a default judgment against Defendant Lightning 5 Concrete, LLC for the following amounts: a. $60,613.22 in delinquent fringe benefit contributions for the January 2021 through October 2022 audit period; b. $7,695.01 in liquidated damages as allowed under 29 U.S.C. §1332(g)(2)(C)(ii) for the January 2021 through October 2022 audit period; c. $12,122.69 in accrued prejudgment interest (calculated through March 15, 9 2023) at the rates specified in the applicable trust agreements as allowed under 29 U.S.C §1132(g)(2); d. $6,740.00 in audit accounting fees as outlined in the applicable trust 11 agreements; 12 e. $39,337.47 in delinquent fringe benefit contributions for the May 2022 through June 2024 delinquent period; f. $28,079.55 in liquidated damages as allowed under 29 U.S.C. 14 §1332(g)(2)(C)(ii) for the May 2022 through June 2024 delinquent period; 15 g. $40,071.01 in accrued prejudgment interest (calculated through January 13, 2026) at the rates specified in the applicable trust agreements as allowed 16 under 29 U.S.C §1132(g)(2); 17 h. $2,600.00 in referral attorney fees as outlined in the applicable trust agreements; 6. Plaintiffs are awarded $2,458.00 in reasonable attorney fees as allowed under the written terms of the applicable trust agreements and as allowed under 29 U.S.C. §1132(g)(2)(D); 7. Plaintiffs are awarded $490.00 in costs; and 21 8. Post-judgment interest shall bear interest at the lowest rate available (18%) specified in the applicable trust agreements, as allowed under 29 U.S.C. 22 §1132(g)(2). ] Dated: January 16, 2026. < Lehn. x, Chur JOHN H. CHUN 2 United States District Judge 1] ORDER RE: DEFAULT JUDGMENT - 3 CAUSE NO.: 2:25-cv-00885-JHC