Summary
limiting the plaintiff's relief for delinquent contributions to the amount pled in the complaint and denying the higher amount sought in the motion for default judgment
Summary of this case from Trs. of the Plumbers & Pipefitters Nat'l Pension Fund v. JTL Air Conditioning & Refrigeration, Inc.Opinion
Case No. 1:15-cv-01554 (GBL/IDD)
07-12-2016
BOARD OF TRUSTEES, SHEET METAL WORKERS' NATIONAL PENSION FUND, Plaintiffs, v. JORDAN PANEL SYSTEMS CORPORATION, et al., Defendant.
MEMORANDUM OPINION AND ORDER
THIS MATTER is before the Court on Plaintiffs' Motion for Default Judgment pursuant to Federal Rules of Civil Procedure 55(b)(2). (Doc. 7). Plaintiffs are the Board of Trustees of the Sheet Metal Workers' National Pension Fund ("Plaintiffs"). (See Doc. 13). The Defendants are Jordan Panel Systems Corporation ("Jordan Panel"), Jordan Installation Services Corporation, and JAF Development Enterprises, LLC (collectively, "Defendants"). (Doc. 1).
Defendant Jordan Panel was a signatory and bound by a collective bargaining agreement with Local Union No. 28 (the "Agreement"). Id. Under the Agreement, Jordan Panel must contribute to Plaintiffs "money for each hour worked by employees of the Defendant[s] covered by the Agreement." Id. Jordan Panel effected a "complete withdrawal" from the Fund as defined in Section 4203 of ERISA, 29 U.S.C. § 1383. Id. Pursuant to 29 U.S.C. §§ 1001 et seq., Plaintiffs sought unpaid contributions, interest on unpaid contributions, liquidated damages, and attorney's fees and costs incurred as a result of Defendants' withdrawal from the Sheet Metal Workers' National Pension Fund ("the Fund"). Id. On June 7, 2016, Judge Davis issued a Report and Recommendation recommending entry of default judgement in favor of Plaintiffs and against Defendants. (Doc. 13).
This Court ADOPTS the Magistrate Judge's Report and Recommendation because it is supported by substantial evidence and applies the proper legal standard. Id. Therefore, Plaintiffs' Motion for Default Judgment (Doc. 7) is GRANTED in part and DENIED in part.
IT IS SO ORDERED.
ENTERED this 12th day of July, 2016. Alexandria, Virginia
7/12/2016
/s/_________
Gerald Bruce Lee
United States District Judge