Opinion
No. 05-838-HU.
September 22, 2005
OPINION AND ORDER
This is an action to recover delinquent contributions to a labor union health and welfare fund. The defendants were found in default on July 27, 2005 (doc. # 12).
Plaintiffs move for entry of a default judgment in the total amount of $16,250.09, plus an unspecified amount of interest. According to the motion, defendant Desert Sage Contractors, Inc. owes $2,212.19 in contributions, $265.46 as liquidated damages, and an unspecified amount of interest. In addition, plaintiffs seek recovery of attorney's fees against Desert Sage Contractors in the amount of $$2,546.62, and $207.62, representing half of the filing fee and service fees, together with interest.
According to the motion, defendant Union Payroll Solutions, Inc. owes $9,354.15 in contributions, $1,122.49 in liquidated damages, and an unspecified amount of interest. Plaintiffs also seek recovery of attorney's fees against Union Payroll Solutions in the amount of $2,546.37 and $207.62, representing half of the filing fees and service fees, plus interest.
Plaintiffs have not filed with the court a copy of the Collective Bargaining Agreement or any other evidence of an agreement on how liquidated damages are to be calculated. Further, although plaintiffs assert that interest is owed at a rate of 12% per annum, there is no proof that defendants agreed to 12% interest on delinquent contributions.
Plaintiffs' motion for a default judgment (doc. # 7) is DENIED.
IT IS SO ORDERED.