153 F. Supp. 3d 363
D.D.C.2016Background
- ERISA fund is an employee benefit plan and multiemployer plan; Bristol Manor Healthcare Center, Inc. is a contributing employer to the Fund.
- Plaintiffs sued Bristol Manor under ERISA and LMRA for unpaid contributions, interest, liquidated damages, audit documents, and remittance reports.
- Fund collection policies require contributions by the 15th of the month following work, with remittance reports; failure triggers interest, liquidated damages, and attorney’s fees under the Trust and Policy.
- Fund’s rehabilitation plan adopted in 2009 due to critical status under PPA; 2010 CBA pegged Bristol Manor’s contributions to the Fund’s “Preferred Schedule” at 2.2%, with increases to 2.37% (2011) and 2.55% (2012).
- Bristol Manor did not timely pay many contributions and often paid less than calculated; the Fund sought judgment for unpaid contributions, interest, and liquidated damages, plus missing June 2015 remittance reports.
- Court granted summary judgment to Plaintiffs, holding Bristol Manor liable on liability and damages and ordering submission of missing reports; Court reserved on fees and costs and retained jurisdiction for June 2015 data.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Liability for late and unpaid contributions | ERISA §1145 and the CBA require timely contributions per the agreement. | Bristol Manor contests the amount of damages and may dispute calculations. | Bristol Manor liable for late and unpaid contributions. |
| Remittance reports missing from June 2015 | Remittance reports were due and the Fund is entitled to missing reports under the CBA and policy. | No specific opposition to liability for missing reports. | Bristol Manor liable for June 2015 remittance reports. |
| Damages framework and calculation | Damages under ERISA and the CBA—unpaid contributions, interest, and liquidated damages—total $48,962.63; spreadsheets admissible under Rule 1006. | Requests may require precise, non-speculative support and rebuttal figures. | Damages awarded under the CBA framework; Court will award $48,962.63 and determine fees later. |
Key Cases Cited
- Flynn v. R.C. Tile, 353 F.3d 953 (D.C. Cir. 2004) (employer liability under ERISA for contributions due under a collective bargaining agreement)
- Int’l Painters & Allied Trades Indus. Pension Fund v. Zak Architectural Metal & Glass LLC, 635 F.Supp.2d 21 (D.D.C. 2009) (employer liability under ERISA for multiemployer plan contributions)
- Grimes v. District of Columbia, 794 F.3d 83 (D.C. Cir. 2015) (summary judgment standard in administrative action context)
- CIGNA Corp. v. Amara, 563 U.S. 421 (2011) (preponderance of the evidence standard in ERISA cases)
- Holland v. Bibeau Constr. Co., 774 F.3d 8 (D.C. Cir. 2014) (liquidated damages/interest under ERISA context)
- Operating Engineers Local 139 Health Benefit Fund v. Gustafson Constr. Corp., 258 F.3d 645 (7th Cir. 2001) (preemption considerations under ERISA § 1332(g)(2) related damages)