United States District Court, E.D. Virginia, Alexandria Division
TRUSTEES OF THE PLUMBERS AND PIPEFITTERS NATIONAL PENSION FUND, Plaintiffs,
JTL AIR CONDITIONING & REFRIGERATION, INC., Defendant.
REPORT & RECOMMENDATION
Michael S. Nachmanoff United States Magistrate Judge
matter is before the Court on Plaintiffs' Motion for
Default Judgment (Dkt. No. 10) against Defendant JTL Air
Conditioning & Refrigeration, Inc. Having reviewed the
record, the undersigned Magistrate Judge recommends that the
Court enter default judgment against Defendant in the total
amount of $4, 660.67.
12, 2016, Plaintiffs filed this action against Defendant for
failure to pay contributions from June 2015 through March
2016 pursuant to a collective bargaining agreement in
violation of Sections 502 and 515 of the Employee Retirement
Income Security Act of 1974 (“ERISA”), as
amended, 29 U.S.C. §§ 1132 and 1145, and Section
301 of the Labor Management Relations Act of 1947
(“LMRA”), 29 U.S.C. § 185. Defendant's
authorized agent was served by private process server on July
2, 2016. See Executed Summons (Dkt. No. 5).
Defendant did not enter an appearance or otherwise respond to
the Complaint and, on September 12, 2016, the Clerk entered
default against the Defendant. See Entry of Default
(Dkt. No. 9). On September 16, 2016, Plaintiffs filed the
instant Motion for Default Judgment (Dkt. No. 10). Defendant
failed to appear at the hearing on this Motion on September
30, 2016, and the undersigned Magistrate Judge took the
matter under advisement.
following facts are established by the Complaint and by the
memorandum, declarations, and exhibits submitted in support
of Plaintiffs' Motion for Default Judgment.
Trustees of the Plumbers and Pipefitters National Pension
Fund (“National Pension Fund”) are the trustees
of a multi-employer employee benefit plan, as defined by
ERISA, 29 U.S.C. §§ 1002(3), (37). Compl. ¶ 1
(Dkt. No. 1). The National Pension Fund is administered in
Alexandria, Virginia, and maintained by a Restated Agreement
and Declaration of Trust (“Trust Agreement”) and
by a Collective Bargaining Agreement (“Bargaining
Agreement”) between the United Association Local Union
No. 630 and the Defendant. Id.
is a Florida corporation existing under the laws of the State
of Florida. Compl. ¶ 2 (Dkt. No. 1). Defendant transacts
business in the State of Florida as a contractor or
subcontractor in the plumbing and pipefitting industry.
Id. At all relevant times, Defendant was an
“employer in an industry affecting commerce” as
defined by the LMRA, 29 U.S.C. §§ 142(1), (3) and
152(2), ERISA, 29 U.S.C. § 1002(5), (9), (11), (12),
(14), and the Multiemployer Pension Plan Amendments Act of
1980, 29 U.S.C. § 1001a. Compl. ¶ 2 (Dkt. No. 1).
Defendant is a signatory to the aforementioned Bargaining
Agreement with Local Union No. 630 establishing the terms and
conditions of employment for journeymen and apprentice
plumbers and pipefitters employed by Defendant. Id.
¶ 4. As a signatory to the Bargaining Agreement,
Defendant is bound by the Trust Agreement. Id.
¶¶ 12, 19. Under the terms of the Bargaining
Agreement, Defendant agreed to pay Plaintiffs certain sums of
money for each hour worked by employees of the Defendant
covered by the Bargaining Agreement. Id. ¶ 5.
During the relevant period and continuing thereafter,
Defendant employed employees covered by the Bargaining
Agreement. Id. ¶ 6.
has failed to make $1, 745.39 in contributions due to
Plaintiffs on behalf of Local Union No. 630 members from June
2015 through March 2016. Compl. ¶¶ 7, 14, 16A (Dkt.
No. 1). Through the instant action, Plaintiffs seek a
judgment against Defendant for the payment of $1, 921.27 in
delinquent contributions, plus $192.13 in liquidated damages,
$186.18 in interest, $1, 695.00 in attorneys' fees, and
$836.29 in costs pursuant to the Bargaining Agreement, Trust
Agreement, ERISA, and the LMRA. Mem. in Supp. of Mot. for Default
J. 2 (Dkt. No. 11).
Service of Process and Jurisdiction
docket reflects that Defendant was properly served via its
registered agent. See Executed Summons (Dkt. No. 5);
see also Mem. in Supp. of Mot. for Default J. 1-2
(Dkt. No. 11). This Court has subject matter jurisdiction
pursuant to 28 U.S.C. § 1331 as this action arises under
federal law. This Court has personal jurisdiction over
Defendant under 29 U.S.C. §§ 185(c) and 1132(e)(2).
Venue is proper under 28 U.S.C. § 1391 because the funds
in question are administered within the Eastern District of
Virginia and because a substantial part of the events or
omissions giving rise to the claims against Defendant
occurred in this District. See Bd. of Trs., Sheet Metal
Workers Nat'l Pens. Fund v. McD Metals, Inc., 964
F.Supp. 1040, 1045 (E.D. Va. 1997).
judgment is appropriate if the well-pled allegations of the
complaint establish a plaintiff's entitlement to relief
and the defendant has failed to plead or defend within the
time frame contained in the rules. Fed.R.Civ.P. 55; Music
City Music v. Alfa Foods, Ltd., 616 F.Supp. 1001, 1002
(E.D. Va. 1985). By defaulting, a defendant admits the
plaintiff's well-pled allegations of fact, which then
provide the basis for judgment. Ryan v. Homecomings Fin.
Network, 253 F.3d 778, 780 (4th Cir. 2001) (citing
Nishimatsu Constr. Co. v. Houston Nat'l Bank,
515 F.2d 1200, 1206 (5th Cir. 1975)); Partington v. Am.
Int'l Specialty Lines Ins. Co., 443 F.3d 334, 341
(4th Cir. 2006) (default has the effect of admitting the
factual allegations in the complaint). Here, as Defendant has
not answered or otherwise timely responded, it has admitted
the well-pled allegations of fact contained in the Complaint.