United States District Court, D. Hawaii
HAWAII MASONS' PENSION TRUST FUND; HAWAII MASONS' AND PLASTERERS' ANNUITY TRUST FUND; HAWAII MASONS' VACATION AND HOLIDAY TRUST FUND; HAWAII MASONS' AND PLASTERERS' APPRENTICESHIP AND TRAINING TRUST FUND; HAWAII MASONS' HEALTH AND WELFARE TRUST FUND, Plaintiffs,
STONEMASTERS, INC., a Hawaii corporation; MICAH WATTS, individually; AMORA WATTS, individually; TIANA SPENCER, individually; JOHN DOES 1-10; JANE DOES 1-10; DOE
N. KAWASHIMA, CHRISTIN D. W. KAWADA Attorney for Plaintiffs
HAWAII MASONS AND PLASTERERS TRUST FUNDS
FINDINGS AND RECOMMENDATION TO GRANT PLAINTIFFS'
MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT STONEMASTERS,
S.C. Chang United States Magistrate Judge
the Court is Plaintiff's TRUSTEES of the Hawaii Masons
and Plasterers Trust Funds, which include the Health and
Welfare Fund, Training Fund, Pension Fund, Vacation and
Holiday Fund, and the Annuity Fund (hereinafter collectively
referred to as “Plaintiffs” or “Trust
Funds”) Motion for Entry of Default Judgment Against
Defendant Stonemasters, Inc. filed on December 1, 2017
(“Motion”). ECF. No. 13. Plaintiffs request that
default judgment be entered pursuant to Rule 55(b)(2) of the
Federal Rules of Civil Procedure for delinquent contributions
owed to Plaintiffs, liquidated damages, and attorneys'
fees and costs.
was served with a copy of the Motion, but did not file an
opposition or otherwise respond to the Motion. See
matter came on for hearing on January 8, 2018. Appearing on
behalf of Plaintiffs was Christin D. W. Kawada. Defendant
Stonemasters, Inc. did not make an appearance or otherwise
defend against the Motion. After careful consideration of the
Motion, declarations, exhibits, and the record herein, and
after considering the factors set forth in Eitel v.
McCool, 782 F.2d 1470, 1472 (9th Cir. 1986), the Court
finds and recommends that the Motion be GRANTED.
August 10, 2017, Plaintiffs filed a Complaint seeking
judgment for outstanding trust fund contributions and damages
against Defendants Stonemasters Inc., Micah Watts, Amora
Watts, and Tiana Spencer. ECF No. 1. The Complaint alleges
that Defendant Stonemasters, Inc. (“Defendant “)
entered into a collective bargaining agreement agreeing to
contribute and pay to Plaintiffs certain amounts for employee
benefits for work performed by Defendant's covered
employees. Id. ¶¶ 12- 15. Plaintiffs
claimed that Defendant failed to make required contributions.
Id. ¶17. Plaintiffs claim they are entitled to
unpaid contributions, liquidated damages, interest, and
attorneys' fees and costs. Id. ¶¶
17-24. The Clerk entered default against Defendant pursuant
to Rule 55(a) of the Federal Rules of Civil Procedure on
September 27, 2017. ECF No. 10. The present motion followed.
reviewed the Motion, the declarations, exhibits, and the
record established in this action, and after considering the
factors set forth in Eitel v. McCool, 782 F.2d 1470,
1472 (9th Cir. 1986), the Court finds and concludes as
of the Trust Funds was and is an express trust created by a
written trust agreement subject and pursuant to 29 U.S.C.
§ 186 and a multiemployer plan within the meaning of 29
U.S.C. § § 1002 and 1003.
Defendant is and was at all relevant times herein a Hawaii
corporation doing business in the State of Hawaii.
Defendant agreed to abide by all terms and conditions of the
Master Agreement Covering the Ceramic Tile, Marble and
Terrazzo Trades in the State of Hawaii, executed by and
between International Union of Bricklayers & Allied
Craftworkers, Local No. 1 of Hawaii, AFL-CIO and the Tile
Contractors Association of Hawaii (the “Bargaining
Trust Funds are a third party beneficiary of the ...