United States District Court, W.D. Washington, Seattle
NORTHWEST LABORERS-EMPLOYERS HEALTH & SECURITY TRUST, et al., Plaintiffs,
BARRY CIVIL CONSTRUCTION, INC., Defendant.
ORDER GRANTING MOTION TO COMPEL
A. TSUCHIDA CHIEF UNITED STATES MAGISTRATE JUDGE
the Court is the Motion to Compel of Plaintiffs Northwest
Laborers-Employers Health & Security Trust, Western
Washington Laborers-Employers Pension Trust, and Northwest
Laborers-Employers Training Trust (Plaintiff Trusts). Dkt.
11. Plaintiff Trusts seek to compel Defendant Barry Civil
Construction, Inc. to schedule an audit of its payroll
records, and to produce payroll documents. Id.
Defendant does not object to the audit, but otherwise opposes
the motion to compel. Dkt. 13. The Court finds that the
motion to compel shall be granted and Defendant shall produce
the requested documents at an on-site payroll audit to be
scheduled by May 29, 2018.
party seeking discovery may move for an order compelling an
answer, ... production, or inspection." Fed.R.Civ.P.
37(a)(3)(B)(iii), (iv). "[A]n evasive or incomplete
disclosure, answer, or response must be treated as a failure
to disclose, answer or respond." Fed.R.Civ.P. 37(a)(4).
Trusts are ERISA Trusts seeking to collect allegedly
delinquent fringe benefit contributions and wage deductions
pursuant to 29 U.S.C. §§ 185, 1132, and 1145.
Plaintiff Trusts are third-party beneficiaries to a
collective bargaining contract between Defendant and
Plaintiff Washington and Northern Idaho District Council of
Laborers (Plaintiff Union).
Trusts seek payroll records from Defendant to verify the
accuracy of Defendants' monthly reporting of fringe
benefit contributions and Union-negotiated wage deductions to
the Plaintiff Trusts from March 2014 through December 2017.
The documents sought include those specifying the number of
hours worked by each employee each month, on each project,
with job and wage classification, and project name and
location. Plaintiff Trusts requested this information through
a request for production on January 18, 2018 and through its
auditors. Dkt. 12, Declaration of Mary M. Stoll, at 1; Dkt.
12-1 at 1-2 (Exhibit A); Dkt. 16, Declaration of Mary A.
Stoll; Dkt. 16-1 (Exhibit A), at 4-6 (February 13, 2018 Audit
Notification Letter). Specifically, Plaintiff Trusts seek to
compel production of:
1. Time cards and time books; 2. Check registers, check
stubs, bank statements, and canceled checks; 3. Payroll
journals and cash disbursements journals; 4. Earning record
cards, compensation records, or other such forms that reflect
each employee's payment history; 5. Payroll tax reports
to Federal and State agencies, including
(a) Form 941-Quarterly Reports to IRS (Social Security);
(b) Forms SF 7578-Quarterly Reports to State Department of
L&I (Industrial Insurance);
(c) Form 5208-Quarterly Reports to State Employment Security
Department (Unemployment Compensation);
(d) Form W-2-Annual Wage and Tax Statement; and
(e) Form W-4-Employee's Withholding Allowance
argues that Plaintiff Trusts are reaching beyond the scope of
their initial document requests and contends that it has
already produced documents "substantially responsive to
the document requests, " including monthly remittance
reports (containing payroll information); a list of every
employee ever employed; a complete job listing reporting all
projects with employee wage codes; wage code listing