International Painters & Allied Trades Industry Pension Fund v. Dettrey's Allstate Painting, LLC
763 F. Supp. 2d 32
D.D.C.2011Background
- This action arises under the CBA between defendant and the International Union of Painters and Allied Trades, AFL-CIO, CLC, with contributions due to the Pension Fund.
- Defendant was obligated to submit timely reports and remittances for employees covered by the CBA.
- Plaintiffs allege delinquent contributions from October 2008 through the filing date of the complaint.
- Defendant was served Feb. 22, 2010 and did not respond; default was entered Apr. 14, 2010.
- Plaintiffs moved for default judgment seeking unpaid contributions, interest, liquidated damages, and attorney’s fees; court granted in part and denied without prejudice in part, awarding only fees and costs.
- Court determined damages could not be computed with reasonable certainty from the record and denied those portions without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Liability for delinquent contributions | Plaintiffs assert defendant violated the CBA and ERISA by failing to contribute. | Not explicitly stated; by default, no responsive defense advanced. | Defendant liable for delinquent contributions; default establishes liability on well-pleaded facts. |
| Amount of unpaid contributions and related damages | Plaintiff claims $8,315.34 in unpaid contributions plus interest and penalties. | Not explicitly stated; no defense raised due to default. | Damages for unpaid contributions, interest, and penalties denied without prejudice due to lack of reasonable-certainty calculations. |
| Attorney’s fees and costs | Plaintiffs seek $3,489.83 for attorney’s fees and costs under ERISA. | Not explicitly stated; defense absent due to default. | Attorney’s fees and costs awarded; amount deemed reasonable at $3,489.83. |
| Right to default judgment and scope of relief | Entries for default judgment appropriate where defendant failed to defend. | Not presented due to nonappearance. | Default judgment granted in part; claims for some monetary relief denied without prejudice to permit future precise calculation. |
Key Cases Cited
- Keegel v. Key W. & Caribbean Trading Co., 627 F.2d 372 (D.C. Cir. 1980) (default judgments discouraged but permitted to protect diligent plaintiffs)
- H.F. Livermore Corp. v. Aktiengesellschaft Gebruder Loepfe, 432 F.2d 689 (D.C. Cir. 1970) (notice and fairness considerations in default judgments)
- Adkins v. Teseo, 180 F.Supp.2d 15 (D.D.C. 2001) (damages must be proven with reasonable certainty after default)
- Int'l Painters & Allied Trades Indus. Pension Fund v. Auxier Drywall, LLC, 531 F.Supp.2d 56 (D.D.C. 2008) (default judgment considerations in ERISA context)
- Int'l Painters & Allied Trades Indus. Pension Fund v. R.W. Amrine Drywall Co., 239 F.Supp.2d 26 (D.D.C. 2002) (well-pleaded allegations admitted on default)
- Trans World Airlines, Inc. v. Hughes, 449 F.2d 51 (2d Cir. 1971) (default judgments; liability conclusively established but damages may require proof)
- United Artists Corp. v. Freeman, 605 F.2d 854 (5th Cir. 1979) (damages assessment in default judgments can rely on plaintiff's calculations)
- Combs v. Coal & Mineral Mgmt. Servs., Inc., 105 F.R.D. 472 (D.D.C. 1984) (court may award damages based on calculable evidence when available)
- Credit Lyonnais Secs. (USA), Inc. v. Alcantara, 183 F.3d 151 (2d Cir. 1999) (damages must be calculated with reasonable certainty)
- Transatlantic Marine Claims Agency, Inc. v. Ace Shipping Corp., Div. of Ace Young Inc., 109 F.3d 105 (2d Cir. 1997) (remand for proper damages calculation when needed)
- LaSalle Glass & Mirror Co., 267 F.R.D. 430 (D.D.C. 2010) (reasonableness of attorney’s fees based on documentation)