Fanning v. Wellman Dynamics Corporation
113 F. Supp. 3d 172
D.D.C.2015Background
- Fanning, as CEO and fiduciary of the Central Pension Fund (an ERISA multiemployer plan), sues Wellman Dynamics for unpaid employer contributions.
- Central Pension Fund is maintained under its Restated Declaration of Trust and funded pursuant to a Collective Bargaining Agreement with IUOE Local 234.
- Defendant agreed to pay certain contributions for hours worked under the Agreement.
- Plaintiff filed the complaint on November 6, 2014; defendant was served but did not file a responsive pleading.
- Clerk entered default against Wellman on December 4, 2014; plaintiff moved for default judgment under Rule 55(b)(2).
- Court grants default judgment totaling $99,813.74, covering unpaid contributions, liquidated damages, interest, and attorney's fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is a default judgment appropriate here? | Default establishes liability for all well-pleaded allegations. | Not advanced in the record. | Yes; default judgment granted due to defendant's failure to respond. |
| Are damages properly calculated for unpaid contributions and related costs? | Damages include unpaid contributions, liquidated damages, interest, and fees under 29 U.S.C. § 1132(g)(2). | Not advanced in the record. | Damages awarded totaling $99,813.74 with specified breakdown. |
| Is the awarded attorney's fees permissible under ERISA and the Trust? | Fees and costs are authorized under 29 U.S.C. § 1132(g)(2)(D) and the Trust. | Not advanced in the record. | Attorney's fees and costs awarded as part of the default judgment. |
Key Cases Cited
- Jackson v. Beech, 636 F.2d 831 (D.C. Cir. 1980) (default judgment appropriate when adversarial process halted)
- Adkins v. Teseo, 180 F.Supp.2d 15 (D.D.C. 2001) (liability established but damages require independent determination)
- Flynn v. Mastro Masonry Contractors, 237 F.Supp.2d 66 (D.D.C. 2002) (damages may be based on detailed affidavits or documentary evidence)
