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Board of Trustees of Employee Painters' Trust v. Adkison Glazing Services LLC

United States District Court, W.D. Washington, Seattle

July 24, 2019

BOARD OF TRUSTEES OF THE EMPLOYEE PAINTERS' TRUST; BOARD OF TRUSTEES OF THE WESTERN GLAZIERS RETIREMENT FUND; BOARD OF TRUSTEES OF THE DISTRICT COUNCIL NO. 5 APPRENTICESHIP AND TRAINING TRUST FUND; BOARD OF TRUSTEES OF THE WASHINGTON CONSTRUCTION INDUSTRY SUBSTANCE ABUSE PROGRAM; BOARD OF TRUSTEES OF THE PAINTERS AND ALLIED TRADES LABOR-MANAGEMENT COOPERATION INITIATIVE; WESTERN WASHINGTON GLAZIERS ORG FUND; WESTERN WASHINGTON GLAZIERS MRP; and INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES DISTRICT COUNCIL NO. 5, Plaintiffs,
v.
ADKISON GLAZING SERVICES, LLC, a Washington limited liability company; WILLIAM P. ADKISON and APRIL M. ADKISON, individually and the marital community comprised thereof; and WESTERN SURETY CO., a South Dakota corporation, Defendants.

          THE URBAN LAW FIRM, Sean W. McDonald, Counsel for Plaintiffs.

          JUDGMENT

          Marsha J. Pechman United States Senior District Judge.

         Based upon the stipulated motion of the parties, judgment is hereby entered as follows:

         SUMMARY OF JUDGMENT

1. Plaintiffs:

Board of Trustees of the Employee Painters' Trust;

Board of Trustees of the Western Glaziers Retirement Fund;

Board of Trustees of the District Council No. 5 Apprenticeship and Training Trust Fund;

Board of Trustees of the Washington Construction Industry Substance Abuse Program;

Board of Trustees of the Painters and Allied Trades Labor-Management Cooperation Initiative;

Western Washington Glaziers Org Fund;

Western Washington Glaziers MRP; and

International Union of Painters and Allied Trades District Council No. 5

2. Defendant:

Adkison Glazing Services, LLC, a Washington limited liability company

3. Delinquent Contributions:

$20, 772.10

4. Liquidated Damages:

$2, 979.31

5. Pre-Judgment Interest:

$2, 172.54

6. Attorneys' Fees and Costs:

$19, 316.96

7. Total Judgment Amount:

$45, 240.91

8. Post-Judgment Interest:

On the delinquent contributions, at the rates fixed by the applicable Trust Agreement until paid;

On all remaining judgment amounts, at the rate fixed under 28 U.S.C. § 1961.

9. Attorneys for Plaintiffs:

Michael A. Urban, WSBA No. 20251 Sean W. McDonald, WSBA No. 42541 THE URBAN LAW FIRM

10. Attorney for Defendant:

VanNoy Culpepper, WSBA No. 11565

         Pursuant to the Parties' Stipulated Motion for Entry of Judgment, and the Court having considered the pleadings on file, and otherwise being generally advised, it is hereby

         ORDERED that Plaintiffs be awarded Judgment as follows:

(1) against Adkison Glazing Services, LLC, for recovery of delinquent fringe benefits contributions in the amount of $20, 772.10; liquidated damages in the amount of $2, 979.31; pre-judgment interest in the amount of $2, 172.54, and Plaintiffs' attorney's fees and costs in the amount of $19, 316.96, for a total of $45, 240.91;
(2) Post-judgment interest on the delinquent contributions shall accrue at the rates fixed by the applicable Trust Agreement until paid;
(3) Post-judgment interest on all remaining judgment amounts shall accrue at the rate fixed under 28 U.S.C. § 1961.

         IT IS FURTHER ORDERED that claims against the remaining defendants having been dismissed, this judgment is hereby entered immediately and constitutes ...


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