Trustees of The Plumbers and Pipefitters National Pension Fund et al v. Chaney Incorporated, No. 1:2015cv01452 - Document 14 (E.D. Va. 2016)
Court Description: MEMORANDUM OPINION AND ORDER- This Court ADOPTS the Magistrate Judge's Report and Recommendation 13 because it is supported by substantial evidence and applies the proper legal standard. Therefore, Plaintiffs Motion for Default Judgment 8 is GRANTED. Signed by District Judge Gerald Bruce Lee on 06/22/16. (kgra, )
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Trustees of The Plumbers and Pipefitters National Pension Fund et al v. Chaney Incorporated Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION TRUSTEES OF THE PLUMBERS AND PIPEFITTERS NATIONAL PENSION FUND, et al. Plaintiffs, Case No. l:15-cv-1452 V. CHANEY INC., Defendant. MEMORANDUM OPINION AND ORDER THIS MATTER is before the Court on Plaintiffs' Motion for Default Judgment (Doc. 8) pursuant to Federal Rules of Civil Procedure 55(b)(2). Plaintiffs are trustees of multi-employer employee benefit plans known as the National Pension Fund andthe International Training Fund. See Doc. 13 at 2. Under a collective bargaining agreement between Defendant and United Association Local Union No. 441, the latter of which is not a party to this action. Defendant must contribute to Plaintiffs "certain sums of money for each hour worked by employees of the Defendant covered by the Collective Bargaining Agreement." Doc. 1 at 3; see Doc. 13 at 2-3. Claiming that Defendant was delinquent on those contributions. Plaintiffs brought this action under the Employee Retirement Income Security Act of 1974 ("ERJSA") §§ 502(g) and 515, which together provide for a cause of action by a fiduciary against a delinquent employer. See 29 U.S.C. §§ 1132(g), 1145 (2012); Doc. 13 at 3. This Court has subject-matter jurisdiction over such actions imder ERISA § 502(e). See 29 U.S.C. § 1132(e) (2012), Plaintiffs sought money damages and an injunction barring future breaches of the collective bargaining agreement. See Dockets.Justia.com
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