Boland v. Smith & Rogers Construction L.T.D.
201 F. Supp. 3d 144
D.D.C.2016Background
- Plaintiffs are trustees of the Bricklayers & Trowel Trades International Pension Fund (IPF) and the International Masonry Institute (IMI), multiemployer ERISA plans administered in D.C.
- Smith & Rogers Construction Ltd., an Ohio employer bound by collective-bargaining agreements, was required to submit monthly contribution reports and payments and to permit audits per the plans’ Collection Procedures.
- Plaintiffs allege Smith & Rogers failed to pay late fees for covered work (Dec. 2011–Oct. 2014) and refused to permit an audit of books and records from November 2009 onward.
- Smith & Rogers was properly served on Nov. 12, 2015, did not answer, and the Clerk entered default on Dec. 14, 2015; the company never responded to the Court’s show-cause order.
- Plaintiffs moved for default judgment seeking monetary relief (late fees, court and service costs, attorney’s fees) totaling approximately $16,868.36 (adjusted by the Court) and an injunction ordering delivery of books and records and payment of any delinquent contributions discovered by audit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Liability under ERISA and Collection Procedures | Smith & Rogers breached ERISA §1145 and plan procedures by not paying late fees and refusing audits. | No responsive defense (failed to answer). | Entry of default judgment: liability established on well-pleaded allegations. |
| Amount of monetary damages (late fees, costs) | Plaintiffs quantified late fees ($6,417.36), filing and service costs, and sought full recovery. | No response or challenge to amounts. | Court independently reviewed affidavits and awarded specified late fees and costs totaling $7,270.36. |
| Attorney's fees | Plaintiffs seek reasonable fees supported by detailed billing; used discounted/market rates and paralegal time. | No challenge. | Court found rates and hours reasonable and awarded $9,258.00 in attorney’s fees. |
| Injunctive relief (audit and turnover of records) | ERISA §1132(g)(2)(E) permits equitable relief; audit necessary to determine delinquent contributions. | No response. | Court granted injunction compelling production of books from Nov. 2009 onward and payment of contributions uncovered by audit. |
Key Cases Cited
- Int’l Painters & Allied Trades Indus. Pension Fund v. Zak Architectural Metal & Glass LLC, 635 F. Supp. 2d 21 (D.D.C. 2009) (ERISA permits equitable relief including audits).
- Flynn v. Mastro Masonry Contractors, 237 F. Supp. 2d 66 (D.D.C. 2002) (authority for audit injunctions under ERISA).
- Boland v. Cacper Construction Corp., 130 F. Supp. 3d 379 (D.D.C. 2015) (default-judgment standard in similar ERISA trust cases).
- Boland v. Elite Terrazzo Flooring, Inc., 763 F. Supp. 2d 64 (D.D.C. 2011) (default establishes liability on well-pleaded allegations).
- Bd. of Trustees of Hotel & Rest. Emps. Local 25 v. JPR, Inc., 136 F.3d 794 (D.C. Cir. 1998) (trustees may enforce collection procedures including auditing fees).
- Carpenters Labor-Management Pension Fund v. Freeman-Carder, LLC, 498 F. Supp. 2d 237 (D.D.C. 2007) (ordering employer to permit audit and remit contributions).