Opinion
Case No. 2:19-cv-00028-MJP
07-24-2019
BOARD OF TRUSTEES OF THE EMPLOYEE PAINTERS' TRUST; BOARD OF TRUSTEES OF THE WESTERN GLAZIERS RETIREMENT FUND; BOARD OF TRUSTEES OF THE DISTRICT COUNCIL NO. 5 APPRENTICESHIP AND TRAINING TRUST FUND; BOARD OF TRUSTEES OF THE WASHINGTON CONSTRUCTION INDUSTRY SUBSTANCE ABUSE PROGRAM; BOARD OF TRUSTEES OF THE PAINTERS AND ALLIED TRADES LABOR-MANAGEMENT COOPERATION INITIATIVE; WESTERN WASHINGTON GLAZIERS ORG FUND; WESTERN WASHINGTON GLAZIERS MRP; and INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES DISTRICT COUNCIL NO. 5, Plaintiffs, v. ADKISON GLAZING SERVICES, LLC, a Washington limited liability company; WILLIAM P. ADKISON and APRIL M. ADKISON, individually and the marital community comprised thereof; and WESTERN SURETY CO., a South Dakota corporation, Defendants.
JUDGMENT
Based upon the stipulated motion of the parties, judgment is hereby entered as follows:
SUMMARY OF JUDGMENT
| 1. Plaintiffs: | Board of Trustees of the EmployeePainters' Trust;Board of Trustees of the WesternGlaziers Retirement Fund;Board of Trustees of the DistrictCouncil No. 5 Apprenticeship andTraining Trust Fund;Board of Trustees of the WashingtonConstruction Industry SubstanceAbuse Program;Board of Trustees of the Painters andAllied Trades Labor-ManagementCooperation Initiative;Western Washington Glaziers OrgFund; Western Washington GlaziersMRP; andInternational Union of Painters andAllied Trades District Council No. 5 |
| 2. Defendant: | Adkison Glazing Services, LLC, aWashington limited liability company |
| 3. Delinquent Contributions: | $20,772.10 |
| 4. Liquidated Damages: | $2,979.31 |
| 5. Pre-Judgment Interest: | $2,172.54 |
| 6. Attorneys' Fees and Costs: | $19,316.96 |
| 7. Total Judgment Amount: | $45,240.91 |
| 8. Post-Judgment Interest: | On the delinquent contributions, at therates fixed by the applicable TrustAgreement until paid;On all remaining judgment amounts, atthe rate fixed under 28 U.S.C. § 1961. |
| 9. Attorneys forPlaintiffs: | Michael A. Urban, WSBA No. 20251Sean W. McDonald, WSBA No. 42541THE URBAN LAW FIRM |
| 10. Attorney forDefendant: | VanNoy Culpepper, WSBA No. 11565 |
Pursuant to the Parties' Stipulated Motion for Entry of Judgment, and the Court having considered the pleadings on file, and otherwise being generally advised, it is hereby
ORDERED that Plaintiffs be awarded Judgment as follows:
(1) against Adkison Glazing Services, LLC, for recovery of delinquent fringe benefits contributions in the amount of $20,772.10; liquidated damages in the amount of $2,979.31; pre-judgment interest in the amount of $2,172.54, and Plaintiffs' attorney's fees and costs in the amount of $19,316.96, for a total of $45,240.91;
(2) Post-judgment interest on the delinquent contributions shall accrue at the rates fixed by the applicable Trust Agreement until paid;
(3) Post-judgment interest on all remaining judgment amounts shall accrue at the rate fixed under 28 U.S.C. § 1961.
IT IS FURTHER ORDERED that claims against the remaining defendants having been dismissed, this judgment is hereby entered immediately and constitutes the final judgment of the Court in this case.
IT IS FURTHERED ORDERED that the Clerk of Court is directed to close this case.
Dated this 24th day of July, 2019.
/s/_________
Marsha J. Pechman
United States Senior District Judge Presented by:
THE URBAN LAW FIRM
s/ Sean W . McDonald
Sean W. McDonald, WSBA No. 48542
720 N. 10th Street, A #389
Renton, WA 98057
P. (702) 968-8087; F. (702) 968-8088 smcdonald@theurbanlawfirm.com
Counsel for Plaintiffs 142762