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Hawaii Masons' Pension Trust Fund v. Superior Concrete Services, Inc.

United States District Court, D. Hawaii

May 30, 2018

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; and HAWAII MASONS AND PLASTERERS HAWAII INDUSTRY STABILIZATION COMMITTEE, Plaintiffs,
v.
SUPERIOR CONCRETE SERVICES, INC., a Hawaii corporation; JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; DOE GOVERNMENTAL AGENCIES 1-10, DOE TRUSTS 1-10, Defendants.

          FINDINGS AND RECOMMENDATION TO GRANT PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT SUPERIOR CONCRETE SERVICES, INC.

          Kenneth J. Mansfield, United States Magistrate Judge.

         Before the Court is Plaintiffs TRUSTEES of the Hawaii Masons and Plasterers Trust Funds', which include the 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; and HAWAII MASONS AND PLASTERERS HAWAII INDUSTRY STABILIZATION COMMITTEE (hereinafter collectively referred to as “Plaintiffs” or “Trust Funds”) Motion for Entry of Default Judgment Against Defendant Superior Concrete Services, Inc. filed on April 16, 2018 (“Motion”). ECF. No. 15. 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.

         Defendant Superior Concrete Services, Inc. was served with a copy of the Motion, but did not file an opposition to the Motion.

         This matter came on for hearing on May 29, 2018. Christin D. W. Kawada, Esq., appeared on behalf of Plaintiffs Hawaii Masons and Plasterers Trust Funds. Antonio Narvaez, who is the husband of the owner of Defendant Superior Concrete Services, Inc., Sasha Narvaez, appeared as a representative of Superior Concrete Services, Inc. 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.

         BACKGROUND

         On December 15, 2017, Plaintiffs filed a Complaint seeking judgment for outstanding trust fund contributions and damages against Defendant Superior Concrete Services, Inc. ECF No. 1. The Complaint alleges that Defendant Superior Concrete Services, Inc. entered into a collective bargaining agreement and agreed to contribute and pay to Plaintiffs certain amounts for employee benefits for work performed by Defendant Superior Concrete Services, Inc.'s covered employees. Id. ¶¶ 11- 13. Plaintiffs claimed that Defendant Superior Concrete Services, Inc. failed to make required contributions. Id. ¶14. Plaintiffs claim they are entitled to unpaid contributions, liquidated damages, interest, and attorneys' fees and costs. Id. ¶¶ 14-21. The Clerk entered default against Defendant pursuant to Rule 55(a) of the Federal Rules of Civil Procedure on March 21, 2018. ECF No. 12. The present motion followed.

         FINDINGS OF FACT

         Having 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 follows:

1. Each 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.
2. Defendant Superior Concrete Services, Inc. is and was at all relevant times herein a Hawaii corporation doing business in the State of Hawaii.
3. Defendant Superior Concrete Services, Inc. agreed to abide by all terms and conditions of the Master Agreement Covering the Cement Finishing And Masonry Trades in the State of Hawaii, executed by and between International Union of Bricklayers & Allied Craftworkers, Local No. 1 of Hawaii, AFL-CIO, Operative Plasterers & Cement Masons International Association of the United States and Canada, Local No. 630, AFL-CIO, the General Contractors Labor Association, and the Building Industry Labor Association (the “Bargaining Agreement”).
4. The Trust Funds are a third party beneficiary of the Bargaining Agreement.
5. Defendants have not sought to set aside the default in this action.
6. Under the terms of the Bargaining Agreement, Defendant Superior Concrete Services, Inc. was required to pay to Plaintiffs amounts for employee benefits, for work and labor performed by its covered employees, which amounts would be paid to Plaintiffs or ...

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