United States District Court, E.D. Virginia, Alexandria Division
BOARD OF TRUSTEES, SHEET METAL WORKERS' NATIONAL PENSION FUND, et al. Plaintiffs,
JTL AIR CONDITIONING & REFRIGERATION, INC., et al. Defendants.
M. Brinkema United States District Judge.
4, 2019, the assigned magistrate judge issued a Report &
Recommendation [Dkt. No. 12] (the "Report")
recommending that the Court grant
plaintiffs' motion for the entry of a default judgment
against JTL Air Conditioning & Refrigeration, Inc.
("JTL Air") and JTL Mechanical Services, Inc.
("JTL Mechanical") (together,
"defendants"). The magistrate judge advised the
parties that any objections to the findings of fact or
conclusions of law set out in the Report must be filed within
14 days of service. The magistrate judge further advised that
failure to file a timely objection waives appellate review of
any judgment based on the Report's recommended findings
or conclusions. As of June 19, 2019, no party has filed an
objection. For the reasons stated below, the Court adopts the
findings and conclusions of the Report in full, and a default
judgment will be entered against defendants in favor of
plaintiffs in a total amount of $288, 609.35.
magistrate judge correctly found that the Court has
subject-matter jurisdiction over plaintiffs' Employee
Retirement Income Security Act ("ERISA") and Labor
Management Relations Act ("LMRA") claims. Venue is
likewise proper because the plaintiff funds are administered
within this judicial district. The magistrate judge correctly
determined that service of process on defendants'
designated agents was effected on February 14, 2019 (as to
JTL Mechanical) and March 13, 2019 (as to JTL Air). Despite
defendants' being served with process, no representative
has appeared, filed an answer or responsive pleading, or
otherwise participated in these proceedings on
defendants' behalf. Finally, the magistrate judge
correctly found that plaintiffs' complaint-the
well-pleaded factual allegations of which must be deemed
admitted in light of defendants' default-states viable
ERISA and LMRA claims and that JTL Air and JTL Mechanical are
jointly and severally liable for delinquent contributions,
liquidated damages, accrued interest, audit testing fees, an
unpaid judgment, and attorneys' fees and costs.
fully reviewed the Report, case file, and plaintiffs'
motion for default judgment, along with the supporting
memorandum and attachments thereto, the Court adopts the
findings of fact and conclusions of law contained in the
Report as its own. Accordingly, plaintiffs' Motion for
Default Judgment [Dkt. No. 7] is GRANTED, and it is hereby
that judgment be and is entered in plaintiffs' favor; and
it is further
that a total judgment of $288, 609.35,  with interest at
the federal rate beginning on the date of entry of this
Order, be and is entered against defendants JTL Air and JTL
Mechanical, jointly and severally, in favor of plaintiffs;
and it is further
that if defendants fail to comply with any of the terms of
this Order, plaintiffs may, in addition to pursuing the
remedies provided under Fed.R.Civ.P. 69, reopen this case
upon motion to this Court and notice to defendants, and may,
at that time, ask for further appropriate monetary and/or
injunctive relief, which may include reasonable
attorneys' fees and costs incurred in connection with any
post-judgment proceedings, including, but not limited to,
those incurred to enforce and collect on this judgment.
Clerk is directed to enter judgment in favor of plaintiffs
under Fed.R.Civ.P. 55, to forward copies of this Order to
counsel of record, and to close this civil action.
 Plaintiffs are the Board of Trustees
of the Sheet Metal Workers' National Pension Fund
("NPF"), the Board of Trustees of the International
Training Institute for the Sheet Metal and Air Conditioning
Industry ("ITI"), the Board of Trustees of the
Sheet Metal Workers' Occupational Health Institute Trust
("SMOHIT"), and the Board of Trustees of the
National Energy Management Institute Committee
 This total comprises $176, 173.26 for
delinquent contributions; $35, 234.65 in liquidated damages;
$51, 925.95 in accrued interest; $1, 230.00 in audit testing
fees; $16, 633.48, the amount of a default judgment entered
against JTL Air in November 2016; and $7, 412.01 for