United States District Court, D. Hawaii
HAWAII CARPENTERS TRUST FUNDS, Health & Welfare Fund by its trustees Henry Iida, Russell Young, Audrey Hidano, Glen Kaneshige, Eric Hashizume, George Ehara, Ronald Taketa, Kyle Chock, Shayne Chung, Conrad C. Verdugo, Jr., Ralph Hoohuli, and Travis Murakami, Plaintiffs,
ROBERT J. CORRAL, Defendant.
Counsel: LAW OFFICE OF JEFFREY P. MILLER JEFFREY P. MILLER
7559-0 Attorney for Plaintiffs TRUSTEES OF THE HAWAII
CARPENTER TRUST FUNDS
FINDINGS AND RECOMMENDATION TO GRANT PLAINTIFF'S
MOTION FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT ROBERT
S.C. CHANG UNITED STATES MAGISTRATE JUDGE.
February 7, 2017, Trustees of the Health and Welfare Fund of
the Hawaii Carpenters Trust Funds (“HCTF”) filed
a Complaint against Robert J. Corral.
of this Court is based on the Labor-Management Relations Act,
1947, as amended, the Employee Retirement Income Security Act
of 1974 and the Multiemployer Pension Plan Amendments Act of
1980, as hereinafter more fully appears thereunder, and more
specifically under 29 U.S.C. Sections 185(a), 1145, and
1132(a) and (t).
of the Complaint and Summons was effected upon Defendant
Robert J. Corral (hereinafter “Defendant” or
“Corral”) on April 2, 2017. Upon service of the
Complaint and Summons, Defendant Corral failed to answer, or
otherwise plead, and such time to answer or otherwise plead
has expired. Thereafter, HCTF requested that default be
entered against Defendant Corral, and on May 4, 2017, the
Clerk of the Court made an Entry of Default of Defendant
August 9, 2017, the Trust Funds filed a motion for entry of
default judgment against Defendant, seeking to recover a
money judgment in the amount of $37, 032.30, which
represented the amount of ineligible medical benefits
incurred on behalf of Defendant's ex-spouse after their
Decree of Divorce.
also requested their attorneys' fees and costs incurred
in pursuing this action and its attorneys' fees and costs
incurred in drafting this motion, attendance at the hearing
thereon and finalization of the and judgment in the amount of
$2, 664.02 in reasonable attorneys' fees and costs.
Further, Plaintiffs expect to incur an additional amount of
attorneys' fees totaling $750.00, plus general excise tax
of $35.34 for a total of $785.34 for the attendance at the
hearing of this motion, and finalization of the order and
judgment thereafter. Accordingly, Plaintiffs requested
attorneys' fees and costs in the amount of $3, 449.36.
Trust Funds' Motion for Default Judgment by Court came on
for hearing on September 21, 2017 before the undersigned
United States Magistrate Judge, due notice of said hearing
having been provided to Defendant. Jeffrey P. Miller appeared
on behalf of the Trust Funds. Defendant failed to appear
and/or respond to the Trust Funds' Motion for Default
reviewed the Trust Funds' Motion for Default Judgment,
the attached declaration of Jeffrey P. Miller, the attached
declaration of Kylie Wada, and the exhibits thereto, and the
record established in this action, this Court finds as
all times material herein, each of the above-named Trust
Funds was, and now is, an employee benefit plan organized and
existing under the laws of the United States and whose
principal offices are in the City and County of Honolulu,
State of Hawaii. At all times herein mentioned, each of the
above-named Trust Funds was, and now is, an express trust
created by a written trust agreement subject to and pursuant
to Section 302 of the Labor-Management Relations Act (29
U.S.C. §§ 186) and a multiemployer employee benefit
plan within the meaning of the Employee Retirement Income
Security Act (29 U.S.C. § 1002).
During all relevant times herein, Plaintiffs are responsible
for the collection, accounting, management and distribution
of employer contributions and employee benefits pursuant to a
Collective Bargaining Agreement (“CBA”) executed
by Defendant Corral' employer.
Defendant Corral was married to Tassa Torres and said spouse
received medical benefits from Plaintiffs as a dependent of
Pursuant to the rules and regulations of the Hawaii
Carpenters Health & Welfare Fund, a participant's
dependent is eligible for health coverage under the plan.
However, the rules and regulations provide that coverage for
participant's spouse terminates upon ...