United States District Court, E.D. Virginia, Alexandria Division
TRUSTEES OF THE PLUMBERS AND PIPEFITTERS NATIONAL PENSION FUND, et al., Plaintiffs,
6-L MECHANICAL LLC, Defendant.
REPORT & RECOMMENDATION
MICHAEL S. NACHMANOFF UNITED STATES MAGISTRATE JUDGE.
matter comes before the Court on plaintiffs Trustees of the
Plumbers and Pipefitters National Pension Fund's
(“National Pension Fund”) and Trustees of the
International Training Fund's (“International
Training Fund”) (collectively,
“plaintiffs”) Motion for Default Judgment (Dkt.
No. 12). Having reviewed the record and the pleadings, the
undersigned Magistrate Judge recommends entering default
judgment in plaintiffs' favor for the reasons that
January 23, 2019, plaintiffs filed the instant action against
6-L Mechanical LLC (“defendant”) alleging that
defendant breached a Collective Bargaining Agreement with the
United Association Local Union No. 344 (“Local Union
344”) and seeking an award for past due contributions,
liquidated damages, interest, attorney's fees and costs,
and for injunctive relief. Compl. (Dkt. No. 1) ¶¶
9-33. The summons, Complaint, and supporting documents were
served on defendant on January 28, 2019 (Dkt. No.
Under Fed.R.Civ.P. 12(a), a responsive pleading was due 21
days later on February 19, 2019. Defendant failed to file a
responsive pleading in a timely manner.
6, 2019, plaintiffs filed a Request for Entry of Default
Pursuant to F.R.C.P. 55(a) (Dkt. No. 7). The Clerk of Court
entered an Entry of Default that same day (Dkt. No. 10). On
May 9, 2019, plaintiffs filed a Motion for Default Judgment
(Dkt. No. 12), along with a Memorandum in Support of Motion
for Default Judgment (Dkt. No. 13) and a Notice of Motion for
Default Judgment with Certificate of Service (Dkt. No.14).
Plaintiffs' motion was supported with two affidavits from
Toni C. Inscoe (Dkt. Nos. 13-1 and 13-2) and a declaration
from John R. Harney (Dkt. No. 13-3). On May 31, 2019, counsel
for plaintiffs appeared at the hearing on their motion for
default judgment and no one appeared on behalf of defendant
(Dkt. No. 15).
following facts are established by the Complaint, the
memorandum in support of the motion for default judgment, and
the affidavits and declaration attached to the memorandum in
support of the motion for default judgment.
are the trustees of multi-employer employee benefit plans as
defined in Sections 3(3) and 3(37) of the Employee Retirement
Income Security Act of 1974 (“ERISA”), 29 U.S.C.
§§ 1002(3) and (37). Compl. (Dkt. No. 1)
¶¶ 1-2. The National Pension Fund is established
and maintained by a Restated Agreement, Declaration of Trust,
and the Collective Bargaining Agreement between Local Union
344 and defendant. Id. at ¶ 1. The
International Training Fund is established and maintained by
a Restated Trust Agreement and the Collective Bargaining
Agreement between Local Union 344 and defendant. Id.
at ¶ 2. Both funds are administered in Alexandria,
Virginia. Id. at ¶¶ 1-2.
is a limited liability company existing under Oklahoma law
with an office located in Choctaw, Oklahoma. Id. at
¶ 3. At all times, defendant transacted business as a
contractor or subcontractor in the plumbing and pipefitting
industry and was an “employer in an industry affecting
commerce” as defined by Section 501(1), (3), and 2(2)
of the Labor Management Relations Act (“LMRA”),
29 U.S.C. §§ 142(1), (3) and 152(2); Sections 3(5),
(9), (11), (12), and (14) of ERISA, 29 U.S.C. §§
1002(5), (9), (11), (12), and (14); and Section 3 of the
Multiemployer Pension Plan Amendments Act of 1980, 29 U.S.C.
§ 1001a. Id.
bring this action under Sections 502 and 515 of ERISA, 29
U.S.C. §§ 1132 and 1145, and under Section 301(a)
and (c) of LMRA, 29 U.S.C. § 185(a), (c). Defendant is
signatory to the Collective Bargaining Agreement with Local
Union No. 344 establishing the terms and conditions of
employment for journeymen and apprentice plumbers and
pipefitters employed by defendant. Id. at ¶ 5.
Pursuant to the Collective Bargaining Agreement, defendant
agreed to pay plaintiffs certain sums of money for each hour
worked by its employees covered by the agreement.
Id. at ¶¶ 6-7. Plaintiffs claim that
defendant employed certain employees covered under the
Collective Bargaining Agreement and failed to make proper
contributions to the National Pension Fund (Count I) and the
International Training Fund (Count II) for work performed at
defendant's request. Id. at ¶¶ 9-29.
Plaintiffs also seek an order enjoining defendant from
violating the terms of their respective employee benefit
plans and requiring defendant to submit timely contributions
and reports to plaintiffs (Count III). Id. at
I-National Pension Fund
assert that defendant failed to make contributions to the
National Pension Fund for the months of December 2017 and
April through July 2018 on behalf of members in Local
334's jurisdiction. Compl. (Dkt. No. 1) ¶ 9.
Specifically, plaintiffs allege that defendant failed to make
contributions in the amount of $3, 062.80 for December 2017
and April through June 2018. Id. at ¶ 10. With
respect to July 2018, plaintiffs state that defendant failed
to submit reports to the National Pension Fund indicating the
amount owed for that month. Id. at ¶ 11.
Plaintiffs allege that defendant is bound to the Restated
Agreement and Declaration of Trust that provides, under
Article VI, Section 6, the National Pension Fund is
authorized to project the delinquent amount to determine
payments owed when an employer fails to file the properly
completed report forms. Id. at ¶ 13. Under this
provision, plaintiffs allege that defendant is obligated to
pay the National Pension Fund in the amount of $765.70 for
July 2018, totaling to $3, 828.50 in delinquent contributions
for the months of December 2017 and April through July 2018.
Id. at ¶¶ 15-16.
also allege that under Article VI, Section 5, an employer who
fails to timely pay the amounts required by the Collective
Bargaining Agreement shall be considered delinquent and may
be assessed liquidated damages in the amount of 10% of the
amount due if payment is not received by the date owed.
Id. at ¶ 17. Under this provision, plaintiffs
allege that defendant is obligated to pay the National
Pension Fund in the amount of $382.85 in liquidated damages
for the months of December 2017 and April through July 2018.
Id. at ¶ 18.
also seek interest, assessed at a rate of 12% per annum on
the amount due from the date of delinquency until the date of
payment, and costs and reasonable attorney's fees