NORTHWEST ADMINISTRATORS INC V. ACE PAVING CO. INC, No. 10-35888 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAR 15 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT NORTHWEST ADMINISTRATORS,) INC., ) ) Plaintiff Appellee, ) ) v. ) ) ACE PAVING CO., INC., a ) Washington corporation, ) ) Defendant Appellant. ) ) ) NORTHWEST ADMINISTRATORS,) INC., ) ) Plaintiff Appellee, ) ) v. ) ) ACE PAVING CO., INC., a ) Washington corporation, ) ) Defendant Appellant. ) ) ) NORTHWEST ADMINISTRATORS,) INC., ) * No. 10-35888 D.C. No. 2:10-cv-00194-MAT MEMORANDUM * No. 10-35998 D.C. No. 2:10-cv-00647-JPD No. 10-36008 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Plaintiff Appellee, v. ACE PAVING CO., INC., a Washington corporation, Defendant Appellant. ) ) ) ) ) ) ) ) ) ) ) D.C. No. 2:10-cv-00813-JCC Appeal from the United States District Court for the Western District of Washington Mary A. Theiler, Magistrate Judge, Presiding ** James P. Donohue, II, Magistrate Judge, Presiding *** John C. Coughenour, District Judge, Presiding **** Submitted March 5, 2012 ***** Seattle, Washington FERNANDEZ and PAEZ, Circuit Judges, and KOH,****** District Judge. Before: Ace Paving Co., Inc. appeals the district court s grant of summary judgment ** (No. 10-35888). *** (No. 10-35998). **** (No. 10-36008). ***** The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a)(2). ****** The Honorable Lucy H. Koh, United States District Judge for the Northern District of California, sitting by designation. 2 in favor of Northwest Administrators, Inc. in these three cases. We affirm. Ace asserts that the district court erred when it determined that Ace must pay liquidated damages based upon the amount of contributions that remained unpaid when an action commenced, even if the contributions were paid before judgment was entered. We disagree; the law of this circuit required that result. See Nw. Adm rs, Inc. v. Albertson s, Inc., 104 F.3d 253, 257 58 (9th Cir. 1996); see also Idaho Plumbers & Pipefitters Health & Welfare Fund v. United Mech. Contractors, Inc., 875 F.2d 212, 215 (9th Cir. 1989). We reject Ace s assertion that we are not bound by those cases. See Hart v. Massanari, 266 F.3d 1155, 1171 (9th Cir. 2001); see also Cetacean Cmty. v. Bush, 386 F.3d 1169, 1173 (9th Cir. 2004). AFFIRMED. 3

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