United States District Court, D. Maryland, Southern Division
TRUSTEES OF THE NATIONAL AUTOMATIC SPRINKLER INDUSTRY WELFARE FUND, el a!., Plaintiffs,
BRISTOL FIRE PROTECTION, INC. Defendant.
J. HAZEL UNITED STATES DISTRICT JUDGE
Trustees of the National Automatic Sprinkler Industry Welfare
Fund, National Automatic Sprinkler Local 669 UA Education
Fund. National Automatic Sprinkler Industry Pension Fund.
Sprinkler Industry Supplemental Pension Fund, and
International Training Fund ("Plaintiffs" or the
"NASI Funds") bring this action against Defendant
Bristol Fire Protection. Inc. under the Employee Retirement
Income Security Act of 1974 ("ERISA"), as amended
by the Multi-Employer Pension Plan Amendments Act of
1980. 29 U.S.C. Â§§ 1001 el seq. Following
Defendant's failure to answer or otherwise defend in this
action, the Clerk of the Court entered default against
Defendant on June 7, 2017. ECF No. 8. Now pending before the
Court is Plaintiffs' Motion for Default Judgment against
Defendant pursuant to Fed.R.Civ.P. 55(b). ECF No. 7. No.
hearing is necessary. See Loc. R. 105.6 (D. Md.
2016). For the reasons that follow. Plaintiffs' Motion
for Default Judgment is granted, in part. Judgment is entered
against Defendant in the total amount of Â§12.548.80.
NASI Funds are multiemployer employee benefit plans as
defined in Section 3(3) of ERISA. 29 U.S.C. § 1002(3).
ECF No. 1 ¶ 2. The Funds are established and maintained
according to the provisions of the Restated Agreements and
Declarations of Trust establishing the NASI Funds
("Trust Agreements"), and the Collective Bargaining
Agreements between Road Sprinkler Fitters Local Unions No.
669 (the " union") and Defendant, Id. The
NASI Funds are administered at 8000 Corporate Drive,
handover. Maryland 20785. Id.
is a corporation existing under the laws of the State of
Connecticut with offices located in Connecticut. Id.
¶ 3. Defendant transacts business in the State of
Connecticut as a contractor or subcontractor in the sprinkler
industry, and at all times relevant to the action was an
"employer in an industry affecting commerce" as
defined by ERISA, 29 U.S.C. §§ 1002(5). (9), (11).
(12) and (14). the Labor-Management Relations Act
("LMRA"). 29 U.S.C. §§ 142(1). (3) and
152(2), and Section 3 of the Multi-Employer Pension Plan
Amendments of 1980, 29 U.S.C. § 1001(a).
allege that Defendant entered into a Collective Bargaining
Agreement with the Union establishing terms and conditions of
employment for journeymen and apprentice sprinkler filters.
Id. ¶ 4. Pursuant to the Collective Bargaining
Agreement. Defendant was obligated to pay to the NASI Funds
certain sums of money for each hour worked by its employees
who were covered by the Collective Bargaining Agreement and
was bound to the Trust Agreements and the Guidelines for
Participation in the NASI Funds ("Guidelines").
Id. ¶¶ 5. 7. Under the terms of the Trust
Agreements, when an employer becomes two or more months
delinquent in making the required contributions, and has not
submitted the proper reporting forms, the NASI Funds are
permitted to project the amount of the employer's
delinquency using the following formula:
[ T]he greater of (a) the average of the monthly payments or
reports submitted by the Employer for the last three (3)
months for which payments or reports were submitted, or (b)
the average of the monthly payments or reports submitted by
the Employer for the last twelve (12) months for Which
payments or reports were submitted . . .
ECF No. 1 ¶ 9; ECF No. 7-8 at 26. Additionally, when an
employer fails to timely pay required contributions, the
employer is obligated to pay liquidated damages under the
(1) If payment is not received ... by the 15th of the month.
10% of the amount [owed] is assessed.
(2) An additional 5% is added if payment is not received . .
. by the last working day of the month in which payment was
(3) An additional 5% is added if payment is not received by
the 15th of the month following the month in which payment
ECF No. 1¶14; ECF No. 7-8 at 24.
to the Complaint. Defendant employed individuals covered by
the Collective Bargaining Agreement from February 2015
through the present but failed to make the required
contributions to the NASI Funds and report hours worked by
its employees for the months of August 2016 through January
201 7. ECF No. 1 ¶¶ 6. 8. Further. Defendant's
contributions for the months of February 2015 through April
20] 5. June 201 5. September 2015. November 2015. December
2015, April 2016, and June 201 6 were paid late. Id.
¶ 11. In their Complaint. Plaintiffs request $13,
036.53 for contributions due for work performed from August
2016 through January 2017. liquidated damages in the amount
of $7, 952.01 assessed on the late contributions.
contributions and liquidated damages that become due
subsequent to filing the Complaint, and costs, interest, and
reasonable attorneys' fees pursuant to 29 U.S.C. §
1132(g). See ECF No. 1.
to filing the Complaint. Plaintiffs served Defendant and a
Summons was returned as executed on March 1. 2017.
Sec ECF Nos. 3. 4. With no Answer having been filed,
Plaintiffs moved for an entry of default against Defendant on
May 11, 2017. ECF No. 6. and the Clerk entered default
against Defendant on June 7. 2017. ECF No. 8. In their Motion
for Default Judgment, which was served on Defendant.
Plaintiffs allege that subsequent to tiling their Complaint,
Defendant submitted reports and paid contributions owed for
work performed during the period ...