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Locals 302 and 612 of The International Union of Operating Engineers Construction Health and Security Fund v. Ace Paving Co., Inc.

United States District Court, Ninth Circuit

January 10, 2014

LOCALS 302 AND 612 OF THE INTERNATIONAL UNION OF OPERATING ENGINEERS CONSTRUCTION HEALTH AND SECURITY FUND, et al., Plaintiffs,
v.
ACE PAVING CO., INC., Defendant.

ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT

BRIAN A. TSUCHIDA, Magistrate Judge.

Plaintiffs have moved for summary judgment. Dkt. 12. Defendant has not responded. Having reviewed the record and pleadings, the Court concludes there is no genuine issue of material fact and plaintiffs are entitled to judgment as a matter of law. Accordingly, the Court GRANTS plaintiffs' summary judgment motion.

DISCUSSION

Plaintiffs are three trust funds and one local union.[1] The record shows the plaintiffs' trusts were organized to collect trust funds and that the plaintiff union was organized to collect union dues. Dkt. 1. The record shows there is no dispute that plaintiffs and defendant entered into agreements obligating defendant to make payments into plaintiffs' trust funds and to remit union dues to plaintiff that is a union. See Dkt. 12. Specifically, defendant entered into a collective bargaining agreement with the plaintiff trusts requiring defendant to promptly and fully report and pay monthly contributions to the plaintiffs' trust funds pursuant to the agreement; defendant also entered into an agreement with the plaintiff union to make certain deductions from its employees' paychecks and remit the deductions to the plaintiff local. Dkt. 12. All plaintiffs have submitted declarations and exhibits establishing (1) defendant breached its agreements by failing to make payments promptly to the plaintiff trusts and to the plaintiff union that were due under the parties' agreements; (2) under the agreements the plaintiffs are entitled to liquidated damages, interest, and reasonable attorney's fees; and (3) the amounts owed for the time period between June 2013 and October 2013 under the parties' agreements are $690.98 for trust contributions, $12.45 for union dues, $869.54 for liquidated damages, and $157.49 for interest through December 5, 2013 (which will continue to accrue until all contributions are fully paid).

Viewing these facts in the light most favorable to defendant, the Court finds that plaintiffs have satisfied their burden of presenting facts establishing their entitlement to judgment as a matter of law. Because defendant has not filed anything in opposition to plaintiffs' motion and thus failed to present "specific facts showing that there is a genuine issue for trial, " Celotex Corp. v. Ctrett, 477 U.S. 317, 324 (1986); Fed.R.Civ.P. 56(a), the Court concludes summary judgment is appropriate and GRANTS plaintiffs' motion.

CONCLUSION

The Court finds plaintiffs are entitled to judgment as a matter of law on the unpaid contributions, liquidated damages based on the amount of delinquent contributions at the time plaintiffs filed this action, interest, and reasonable attorney's fees and costs. The Court therefore ORDERS:

1. Plaintiffs' Motion for Summary Judgment (Dkt. 12) is GRANTED;
2. Judgment is awarded in favor of plaintiffs for the employment period of June 2013 through October 2013 as set forth below;
a. $690.98 for contributions.
b. $12.45 for dues.
c. $869.54 for liquidated damages.
d. $157.49 for interest through December 5, 2013 (which will continue to accrue until all contributions are fully paid).
e. Reasonable attorney's fees and costs to be determined after plaintiffs submit a motion for fees and costs.
3. The Clerk shall provide a copy of this order to all parties.

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