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Hawaii Carpenters Trust Funds v. Montage Decor, LLC

United States District Court, D. Hawaii

April 10, 2019

HAWAII CARPENTERS TRUST FUNDS, Health & Welfare Fund by its trustees Russell Young, Glen Kaneshige, Eric Hashizume, George Ehara, Ronald Taketa, Kyle Chock, Shayne Chung, Conrad C. Verdugo, Jr., Ralph Hoohuli, Travis Murakami and Alika Fujimoto; Apprenticeship & Training Fund by its trustees Claude Matsumoto, Thomas Toma, Conrad Murashige, Dale Sakamoto-Yoneda, Roy Morioka, Vince Nihipali, Sheri Mau, Kyle Chock, Ronald Taketa, Mitchell Tynanes, Sean Newcamp, Ralph Hoohuli, Travis Murakami and Barbara Kono; Vacation & Holiday Fund by its trustees James Watanabe, Paul Silen, Paul Sasaki, Jay Kadowaki, Roy Morioka, Kyle Chock, Sean Newcamp, Mitchell Tynanes, Ralph Hoohuli, Travis Murakami, Tom Broderick and Blake T. Inouye; Market Recovery Program by its trustees Thalia Choy, Alan Shintani, Justin Izumi, Ken Kawamoto, Bill Wilson, Lance Wilhelm, Sean Newcamp, Kyle Chock, Mitchell Tynanes, Ralph Hoohuli, Travis Murakami and Dale Sakamoto-Yoneda; Financial Security Fund by its trustees Kenneth Spence, Conrad Murashige, Kenneth Sakurai, Alan Shintani, Kyle Chock, Ronald Taketa, Shayne Chung, Sean Newcamp, Ralph Hoohuli, Clyde Sugawa, Joyce Furukawa, Travis Murakami and Michael Inouye; Drywall Training Fund by its trustees Vince Nihipali, Sr., Lito Alcantra, Bert Beaman, Mike Goodnight, Kevin Respecki, Sean Newcamp, Garrett Takara, Edmund Aczon, David Samson and Ivan Lay; 401-K Fund by its trustees Kenneth Spence, Conrad Murashige, Kenneth Sakurai, Alan Shintani, Kyle Chock, Ronald Taketa, Shayne Chung, Sean Newcamp, Ralph Hoohuli, Clyde Sugawa, Joyce Furukawa, Travis Murakami and Michael Inouye; Plaintiffs,
v.
MONTAGE DECOR, LLC; JOHN DOES 1-100; JANE DOES 1-100; DOE CORPORATIONS 1-100; DOE PARTNERSHIPS 1-100; DOE ENTITIES 1-100; DOE GOVERNMENTAL UNITS 1-100, Defendants.

         Of Counsel:

          MILLER SHEA A Limited Liability Law Company, JEFFREY P. MILLER 7559-0 Attorneys for Plaintiffs TRUSTEES OF THE HAWAII CARPENTER TRUST FUNDS

          FINDINGS AND RECOMMENDATION TO ENTER DEFAULT JUDGMENT AND AWARD DAMAGES AGAINST MONTAGE DECOR, LLC

          Rom A. Trader, United States Magistrate Judge

         On October 15, 2018, Trustees of the Hawaii Carpenters Trust Funds (“HCTF”) filed a Complaint against Montage Decor, LLC.

         Jurisdiction 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 (f).

         Service of the Complaint and Summons was effected upon Defendant Montage Decor, LLC (hereinafter “Defendant”) on December 21, 2018. Upon service of the Complaint and Summons, Defendant Montage Decor, LLC failed to answer, or otherwise plead, and such time to answer or otherwise plead has expired. Thereafter, HCTF requested that default be entered against Montage Decor, LLC, and on January 15, 2019, the Clerk of the Court made an Entry of Default of Defendant Montage Decor, LLC.

         On February 26, 2019, the Trust Funds filed a motion for entry of default judgment against Defendant, seeking to recover a money judgment in the following amounts owed as of February 11, 2019:

         Montage Decor, LLC IUC Account No. 32806:

Contributions $269, 901.44
Liquidated Damages $78, 033.47 12%
Fund Interest $11, 674.56 401k
Lost Earnings Interest $929.35
Total $360, 538.82

         Plaintiffs 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 order and judgment in the amount of $2, 444.71 in reasonable attorneys' fees and costs. Plaintiffs further requested an additional amount of attorneys' fees Plaintiffs expected to incur totaling $750.00, plus general excise tax of $35.34 for a total of $785.34 for the drafting of this motion, the attendance at the hearing of this ...


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