Service Employees International Union National Industry Pension Fund v. Artharee
2013 U.S. Dist. LEXIS 55536
D.D.C.2013Background
- SEIU Pension Fund and ten Trustees sue Bernadette Artharee for failing to submit remittance reports and contributions for July 2010 and June 2011 through the complaint, and for late contributions August 2010 through May 2011.
- Defendant, under a collective bargaining agreement with SEIU Local No. 49, was required to submit monthly remittance reports and make contributions; penalties include 10% interest, 20% liquidated damages, costs, and attorney’s fees.
- A default was entered against Defendant on September 21, 2012 for failure to plead or defend.
- Plaintiffs moved for partial default judgment seeking amounts related to late contributions, remittance reports, and fees, and an order compelling the missing reports.
- The court granted in part and denied in part, finding liability established, but damages and fees not proven with adequate documentation, and ordered production of remittance reports for July 2010 and June 2011 to present and an accounting for past-due contributions.
- The court concluded that remittance reports are needed to calculate amounts owed, and declined to award certain damages without supporting documentation; the order includes an accounting obligation and partial relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether default establishes liability for failure to submit remittance reports and late contributions. | Artharee liable for reports and late contributions under the CBA and ERISA-like scheme. | Not provided in record; presumed none filed defense. | Liability established for failure to submit reports and late contributions. |
| Whether damages for late contributions may be awarded without adequate supporting documentation. | Fund records show amounts due for liquidated damages, interest, and surcharges. | No separate evidence provided to support exact damages. | Damages denied for lack of supporting documentation; no default judgment on those amounts. |
| Whether attorney’s fees and costs may be awarded without sufficient documentation. | Fees and costs incurred in pursuing collection are recoverable under ERISA-like provisions. | No defense on fees due to lack of documentation; challenge to reasonableness remains. | Attorney’s fees and costs are denied without prejudice for lack of documentation to establish reasonableness and actual costs. |
| What remedies or relief should the court grant regarding outstanding remittance reports. | Court should compel submission of missing reports and conduct accounting. | Not asserted; court’s obligation to procure records. | Remittance reports for July 2010 and June 2011 through present ordered; accounting for past-due contributions mandated. |
Key Cases Cited
- Int'l Painters & Allied Trades Indus. Pension Fund v. Auxier Drywall, LLC, 531 F. Supp. 2d 56 (D.D.C. 2008) (discretion in default judgment and evidence standard)
- Int'l Painters & Allied Trades Indus. Pension Fund v. R.W. Amrine Drywall Co., Inc., 239 F. Supp. 2d 26 (D.D.C. 2002) (absence of defense; defaults treated as admitted claims)
- Int'l Painters & Allied Trades Indus. Pension Fund v. Davanc Contracting, Inc., 808 F. Supp. 2d 89 (D.D.C. 2011) (damages require independent calculation when default exists)
- Perkinson v. Gilbert/Robinson, Inc., 821 F.2d 686 (D.C. Cir. 1987) (district court discretion in award of fees and costs; need for documentation)