Boards of Trustees of the Northwest Ironworkers Health and Security Fund v. Rios Erectors LLC

THE HONORABLE JOHN C. COUGHENOUR [6] UNITED STATES DISTRICT COURT [7] WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 BOARDS OF TRUSTEES OF THE CASE NO. C24-2044-JCC NORTHWEST IRONWORKERS HEALTH [10] AND SECURITY FUND, et al., ORDER OF DEFAULT 11 JUDGMENT Plaintiffs, 12 v. 1 3 RIOS ERECTORS, LLC, [14] Defendant. [15] 16 This matter comes before the Court on Plaintiff’s motion for default judgment (Dkt. No. 17 11). Having thoroughly considered the motion, accompanying declarations, the complaint, and 18 the relevant record, the Court FINDS as follows: 19 1. Plaintiffs are joint labor-management employee-benefit trusts, organized and 20 operated under the Employee Retirement Security Act of 1974, who have entered 21 into a Master Labor Agreement (“MLA”) with the Northwest Iron Workers 22 Employers Association, Inc. and the Iron Workers District Council of the Pacific 23 Northwest. (Dkt. Nos. 12 at 9–46, 13 at 1.) 24 2. According to the MLA, employers must contribute certain amounts to the trusts to 25 cover various benefits and ancillary funds; the amount is based on each 26 employee’s compensable hours. (Dkt. No. 12 at 30–33.) 1 3. Defendant failed to make agreed-upon contributions of $28,401.63 relating to 2 employee C. Burnette’s 366 compensable hours in May through August 2024. 3 (Dkt. No. 12 at 5, 54, 56.) 4 4. Defendant also failed to make contributions for hours worked by C. Burnette after 5 August 2024 but the amounts are not known. (Dkt. No. 12 at 5.) 6 5. On December 12, 2024, Plaintiffs filed this lawsuit to collect the above7 referenced amount(s). (See Dkt. No. 1.) 8 6. Plaintiffs properly served Defendant on December 23, 2024. (Dkt. No. 5.) 9 7. Defendant has failed to appear or otherwise defend in this action. See Fed. R. Civ. 10 P. 55 (a). 11 8. The Clerk entered default against Defendant on February 21, 2025. (Dkt. No. 8.) 12 9. This action is properly within the jurisdiction of the Court and venue is proper. 13 10. The factors set forth in Eitel v. McCool, 782 F.2d 1470 , 1471–72 (9th Cir. 1986), 14 support granting default judgment in Plaintiffs’ favor. 15 For the foregoing reasons, the Court GRANTS the motion and AWARDS judgment 16 against Defendant in Plaintiffs’ favor in the amount of $41,190.47. This consists of $28,401.63 17 in delinquent benefit contributions for May through August 2024, $4,557.75 in liquidated 18 damages allowed per $5,512.09 in prejudgment interest (calculated through August 20, 2025), 19 $2,229.00 in attorney fees, and $490.00 in costs. (See Dkt. No. 12 at 5); 29 U.S.C. § 1132 (g)(2). 20 Post-judgment interest is also owed and shall accrue at the lowest rate available (18%) specific in 21 the applicable trust agreements. (See Dkt. No. 12 at 33); 29 U.S.C. § 1132 (g)(2). [22] SUMMARY OF JUDGMENT [23] Judgment Creditor: Board of Trustees of the Northwest Ironworkers 24 Health and Security Fund, et al., Judgment Debtor: Rios Erectors, LLC 25 Unpaid Contributions May–Aug. 2024 $28,401.63 Liquidated Damages $4,557.75 [26] Prejudgment Interest (through 8/20/25) $5,512.09 Attorney Fees: $2,229.00 [1] Court Costs: $490.00 2 Total: $41,190.47 [3] Attorneys for Judgment Creditor: Turner, Stoeve & Gagliardi, P.S. [4] 5 DATED this 26th day of August 2025. A [8] John C. Coughenour 9 UNITED STATES DISTRICT JUDGE