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Idaho Laborers-Employers Health v. Desert Sage Contractors

United States District Court, D. Oregon
Sep 22, 2005
No. 05-838-HU (D. Or. Sep. 22, 2005)

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.


Summaries of

Idaho Laborers-Employers Health v. Desert Sage Contractors

United States District Court, D. Oregon
Sep 22, 2005
No. 05-838-HU (D. Or. Sep. 22, 2005)
Case details for

Idaho Laborers-Employers Health v. Desert Sage Contractors

Case Details

Full title:IDAHO LABORERS-EMPLOYERS HEALTH WELFARE TRUST FUND, et al., Plaintiffs, v…

Court:United States District Court, D. Oregon

Date published: Sep 22, 2005

Citations

No. 05-838-HU (D. Or. Sep. 22, 2005)