Trustees of the National Automatic Sprinkler Industry Welfare Fund et al v. Austin Fire Protection LLC, No. 8:2022cv02170 - Document 15 (D. Md. 2023)
Court Description: MEMORANDUM OPINION. Signed by Judge Peter J. Messitte on 2/21/2023. (bas, Deputy Clerk)
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Trustees of the National Automatic Sprinkler Industry Welfare Fund et al v...tin Fire Protection LLC Doc. 15 Case 8:22-cv-02170-PJM Document 15 Filed 02/21/23 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND TRUSTEES OF THE NATIONAL AUTOMATIC SPRINKLER * INDUSTRY WELFARE FUND,et al, * * Plaintiffs, * * V. Civil No. 22-2170 PJM * AUSTIN FIRE PROTECTION LLC * * Defendant. MEMORANDUM OPINION On August 26, 2022, Plaintiffs (the "NASI Funds"), a series of employee benefit plans, filed this ERISA action against Defendant Austin Fire Protection LLC,a corporation domiciled in Texas. ECFNo. 1. In their Complaint, the NASI Funds allege that Austin Fire Protection failed to pay retirement plan contributions on behalf of certain employees, in violation of a collective bargaining agreement between it and the labor union representing those employees. The NASI funds seek compensatory and liquidated damages, attorneys' fees, and a court order requiring Austin Fire Protection to permit an audit of its wage and payroll records. After Austin Fire Protection failed to timely respond to the Complaint, the NASI Funds moved for Clerk's Entry of Default(ECF No. 6), which the Court granted. After the Clerk entered the default and sent a notice to Austin Fire Protection(ECF Nos, 10, 11), the Court received correspondence from a Vice President of Austin Fire Protection asserting that the company was unaware of the lawsuit and that it had never received notice ofthe Complaint from its registered agent. ECF No. 12. On January 12, 2023, Austin Fire Protection Dockets.Justia.com Case 8:22-cv-02170-PJM Document 15 Filed 02/21/23 Page 2 of 3 Case 8:22-cv-02170-PJM Document 15 Filed 02/21/23 Page 3 of 3
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