Serv. Emps. Int'l Union Health & Welfare Fund v. N. Am. Cleaning Servs. Co., Civil Action No. 17–747 (RDM)

• Decision Date: 28 August 2017
• Docket Number: Civil Action No. 17–747 (RDM)
• Parties: SERVICE EMPLOYEES INTERNATIONAL UNION HEALTH AND WELFARE FUND, et al., Plaintiffs, v. NORTH AMERICAN CLEANING SERVICES CO. INC. d/b/a Turtle Bay Building Services, Defendant.
• Court: U.S. District Court — District of Columbia

264 F.Supp.3d 1

SERVICE EMPLOYEES INTERNATIONAL UNION HEALTH AND WELFARE FUND, et al., Plaintiffs,

v.NORTH AMERICAN CLEANING SERVICES CO. INC. d/b/a Turtle Bay Building Services, Defendant.

Civil Action No. 17–747 (RDM)

United States District Court, District of Columbia.

Signed August 28, 2017

Diana M. Bardes, Mooney, Green, Saindon, Murphy & Welch, P.C., Washington, DC, for Plaintiffs.

MEMORANDUM OPINION

RANDOLPH D. MOSS, United States District Judge

This matter is before the Court on Plaintiffs' Motion for Default Judgment. Dkt. 7. Plaintiffs are the Service Employees International Union Health and Welfare Fund ("the Fund"), and its trustees. Dkt. 1 at 2–3 (Compl. ¶¶ 5–6). The Fund is an employee benefit plan that provides health and welfare benefits to eligible employees, including some who work for Defendant, North American Cleaning Services Co., Inc. ("NACS"). Id. (Compl. ¶¶ 5, 9). According to Plaintiffs, Defendant agreed in its collective bargaining agreement with the Service Employees International Union Local 26 ("SEIU") to make certain monthly payments into the Fund and open its books to auditing to confirm compliance. Id. at 4–6 (Compl. ¶¶ 12–16). Defendant, however, failed to respond to Plaintiffs' request for documents after it was selected for an audit. As a result, Plaintiffs brought this suit pursuant to the Employee Retirement Income Security Act of 1974 ("ERISA") and the Labor Management Relations Act of 1947 to compel Defendant to turn over the required records. Id. at 5–6 (Compl. ¶¶ 19–25). Plaintiffs also seek attorney's fees and costs incurred in bringing this suit. Id. at 7 (Compl. ¶¶ 3–4). Defendant has not appeared or responded to the Complaint. For the reasons explained below, the Court hereby GRANTS the Plaintiffs' motion for default judgment.

I. BACKGROUND

On April 1, 2013, SEIU entered into a collective bargaining agreement ("CBA") with Defendant NACS, which was doing business as "Turtle Bay Building Services." See Dkt. 1–1; Dkt. 1 at 3 (Compl. ¶ 8). The CBA obligates NACS to make certain monthly contributions for eligible employees to the Fund. Dkt. 1 at 4 (Compl. ¶ 12); Dkt. 1–1 at 9. The CBA also binds Defendant to the Health Trust Agreement ("Trust Agreement"), which governs the Fund. Dkt. 1 at 4 (Compl. ¶ 13); Dkt. 1–1 at 10. The Trust Agreement subjects employers to several reporting requirements, two of which are relevant here. First, it requires employers to "submit complete remittance reports to the ... Fund with [their] contributions," which "contain the names of each covered employee and the number of compensable hours for each employee during the reporting month." Dkt. 1 at 4 (Compl. ¶ 14). Second, the "Trust Agreement empowers the Trustees to audit the payroll records and books of any participating employer," which means the "employer is required to make its payroll records and books available to the Fund." Id. (Compl. ¶ 15); Dkt. 1–2 at 51–52.

The Fund selected NACS for an audit covering 2014 and 2015, and made requests on June 14, 2016, August 9, 2016, and September 19, 2016, for the information the Trust Agreement requires all covered employers to provide. Dkt. 1 at 5 (Compl. ¶ 19). NACS did not responded to these requests, nor did it acknowledge Plaintiffs' "final demand" letter sent on February 16, 2016. Id. After waiting several months, Plaintiffs filed suit in this Court on April 24, 2017, seeking an order that would "requir[e] the Defendant to timely provide such information as requested by the Fund in order to perform an audit of the Defendant," along with a declaration that the Defendant was out of compliance with the CBA and Trust Agreement. Id. at 6–7 (Compl. ¶¶ 1–2). Plaintiffs also seek attorney's fees and other costs. Id. at 7 (Compl. ¶¶ 3–4).

Defendant has failed to appear or to respond to the Complaint. As previously recounted, see Dkt. 10, Plaintiffs served the Complaint on Defendant's Chief Executive Officer on May 10, 2017, Dkt. 4 at 2. Defendant's answer was due on May 31, 2017. See Fed. R. Civ. P. 12(a)(1)(A)(i). On June 1, 2017, Plaintiffs filed an affidavit for default, Dkt. 5, and the Clerk entered a default the next day, Dkt. 6. On June 6, 2017, Plaintiffs moved for (1) an entry of default judgment; (2) an order that Defendant deliver certain records for audit; (3) an order that Defendant pay any delinquent amounts found as a result of that audit; and (4) an order that Defendant pay Plaintiffs for their attorney's fees and costs. See generally Dkt. 7; Dkt. 7–3. Plaintiffs served their motion on Defendant via first class mail. Dkt. 7 at 13.

Subsequently, the Court issued three orders to show cause. First, the Court ordered that Plaintiffs make at least a prima facie showing that personal jurisdiction over the absent defendant existed. See Dkt. 8. On June 13, 2017, the Plaintiffs replied, arguing that the nationwide service of process provisions in ERISA, the administration of the Fund within the District of Columbia, and the Defendant's contacts with the United States by virtue of its operation in Minnesota justified the Court's exercise of personal jurisdiction. The Court next ordered the Defendant to show cause on or before July 6, 2017, why the Court should not enter a default judgment against it, and ordered Plaintiffs to effect service of that order on the Defendant. Dkt. 10. Plaintiffs did so, see Dkts. 13, 14, and NACS's silence continued.

Finally, the Court ordered the Fund and its trustees show cause for awarding them attorney's fees and costs. Dkt. 11. The Court noted that, although ERISA authorizes "reasonable attorney's fees," the "declaration setting forth [Plaintiffs'] attorneys' respective rates and hours billed on this matter, along with the relevant timesheets ... lack[ed] sufficient detail for the Court to assess [the] factors" required by the statute. Dkt. 11 at 1. In response, Plaintiffs have submitted an additional declaration and exhibits that offer more evidence about the prevailing rates for similar legal work in the community and greater detail as to the costs of this litigation.

II. ANALYSIS

A. Default Judgment

Obtaining a default judgment requires two steps. At the first step, the plaintiff requests the Clerk of the Court to enter a default. If the Clerk determines that the "party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the [C]lerk must enter the party's default." Fed. R. Civ. P. 55(a) (emphasis added). Upon entry of the default, the factual allegations of the complaint are deemed admitted, which usually establishes the defendant's liability. See, e.g. , Robinson v. Ergo Solutions, LLC , 4 F.Supp.3d 171, 178 (D.D.C. 2014) ; Int'l Painters & Allied Trades Indus. Pension Fund v. Auxier Drywall, LLC , 531 F.Supp.2d 56, 57 (D.D.C. 2008). At the second step, the plaintiff must apply for a default judgment, either to the Clerk "for a sum certain or a sum that can be made certain by computation," or to the Court in "all other cases." Fed. R. Civ. P. 55(b)(1), (2). "The determination of whether default judgment is appropriate is committed to the discretion of the trial court." Int'l Painters & Allied Trades Indus. Pension Fund , 531 F.Supp.2d at 57 (citing Jackson v. Beech , 636 F.2d 831, 836 (D.C. Cir. 1980) ). However, prior to entering a default judgment, the Court must assure itself that personal jurisdiction exists. Mwani v. bin Laden , 417 F.3d 1, 6 (D.C. Cir. 2005). Here, Plaintiffs have properly obtained a default from the Clerk of the Court. For the reasons explained below, the Court now concludes that judgment by default should also be entered in favor of the Fund and its trustees.

As an initial matter, Plaintiffs have made the requisite prima facie showing that the Court has personal jurisdiction over NACS. See Mwani , 417 F.3d at 7 ; Edmond v. United States Postal Serv. Gen. Counsel , 949 F.2d 415, 424 (D.C. Cir. 1991). This suit is brought under ERISA, which provides that an action "may be brought in the district where the plan is administered, where the breach took place, or where a defendant resides or may be found, and process may be served in any other district where a defendant resides or may be found." 29 U.S.C. § 1132(e)(2). Under this standard, NACS is subject to suit in this district. First, the Fund is administered in Washington, D.C. Dkt. 9 at 2. Second, although Plaintiffs do not allege any contacts between NACS and this district, "ERISA's venue provision ‘has been interpreted to authorize nationwide service of process.’ " Mazzarino v. Prudential Ins. Co. of Am. , 955 F.Supp.2d 24, 28 (D.D.C. 2013) (quoting Flynn v. Ohio Bldg. Restoration, Inc. , 260 F.Supp.2d 156, 170–71 (D.D.C. 2003) ). As this Court has previously explained, "jurisdiction over a defendant served pursuant to a federal statute with a nationwide-service-of-process provision is proper as long as the defendant has minimum contacts with the United States as a whole." See Bally Gaming, Inc. v. Kappos , 789 F.Supp.2d 41, 46 (D.D.C. 2011) (collecting cases); see also SEC v. Bilzerian , 378 F.3d 1100, 1106 n.8 (D.C. Cir. 2004). Here, sufficient contacts with the United States as a whole exist because NACS is headquartered in Minneapolis, Minnesota, and conducts its business there. Dkt. 9 at 2; Dkt. 1 at 3 (Compl. ¶ 8). Plaintiffs have thus made a prima facie showing of personal jurisdiction.

Having "satisf[ied] itself that it has personal jurisdiction" over the absent defendant, Mwani , 417 F.3d at 6–7, the Court turns to the substance of the Plaintiffs' ERISA claims. The statute provides that "[e]very employer who is obligated to make contributions to a multiemployer plan ... under the terms of a collectively bargained agreement shall, to the extent not inconsistent with law, make such contributions in accordance with the terms and conditions of ... such agreement." 29 U.S.C. § 1145. The facts alleged in the Complaint—which are taken as...