United States District Court, D. Nevada
TRUSTEES OF THE PLUMBERS AND PIPEFITTERS UNION LOCAL 525 HEALTH AND WELFARE TRUST AND PLAN; TRUSTEES OF THE PLUMBERS AND PIPEFITTERS UNION LOCAL 525 PENSION PLAN; AND THE TRUSTEES OF THE PLUMBERS AND PIPEFITTERS LOCAL UNION 525 APPRENTICE AND JOURNEYMAN TRAINING TRUST FOR SOUTHERN NEVADA, Plaintiffs,
NOW SERVICES OF NEVADA, LLC dba Cool Air Now dba Plumbing Repair Now, a Nevada limited liability company, Defendant.
P. Segal, Esq. Nevada Bar No. 6120 Bryce C. Loveland, Esq.
Nevada Bar No. 10132 Christopher M. Humes, Esq. Nevada Bar
No. 12782 BROWNSTEIN HYATT FARBER SCHRECK, LLP Attorneys for
ORDER GRANTING MOTION FOR DEFAULT JUDGMENT (ECF NO.
Jennifer A. Dorsey, U.S. District Judge.
the Court is the Plaintiffs', Trustees of the Plumbers
and Pipefitters Union Local 525 Health and Welfare Trust and
Plan, Trustees of the Plumbers and Pipefitters Union Local
525 Pension Plan, and the Trustees of the Plumbers and
Pipefitters Local Union 525 Apprentice and Journeyman
Training Trust for Southern Nevada (“Trust
Funds”), Motion for Default Judgment (the
“Motion”) against Defendant Now Services of
Nevada, LLC (“Now Services”). Default having been
entered against Defendant, the Court having reviewed the
Plaintiffs' Motion, being fully advised, and good cause
appearing, the Court now provides a brief procedural history
and makes the following findings of facts and conclusions of
13, 2018, Now Services's counsel filed a Joint Motion to
Withdraw. (ECF No. 16.) This Court granted counsels'
Motion to Withdraw and ordered Now Services to notify the
Court in writing of the identity of new counsel by July 30,
2018. (Minute Order (ECF No. 18, filed July 5, 2018).) Now
Services never complied with the Court's Order.
August 7, 2018, this Court again ordered Now Services to
retain an attorney and for Now Services's attorney to
file a notice of appearance by September 7, 2018. (ECF No.
20.) Now Services again failed to comply with the Court's
order, and continues to do so as of the filing of this Order.
Trust Funds then moved for sanctions against Now Services in
the form of an entry of Default Judgment. (ECF No. 21, filed
Sep. 21, 2018.) On February 8, 2019, the Court held a Hearing
and denied the Motion without prejudice, instructing the
Trust Funds to first seek entry of default against Now
Services. (ECF No. 24, filed Feb. 12, 2019.) The Trust Funds
followed the Court's direction and filed a motion for
clerk's entry of default. (ECF No. 26, filed Feb. 14,
2019.) The Court granted the motion for default on February
19, 2019. (ECF No. 27.)
Trust Funds now seek a default judgment.
Finding of Facts.
Plaintiffs Boards of Trustees are fiduciaries for purposes of
the Employee Retirement Income Security Act of 1974
Carrilio Sotelo dba Sotelo Air and/or Sotelo Air, Inc., dba
Cool Air Now (“Sotelo Air”) acted as an employer
within the State of Nevada employing persons who perform work
covered by a collective bargaining agreement
(“CBA”) between Sotelo Air and the United
Association of Journeymen and Apprentices of Plumbing and
Pipe Fitters Local 525 (“Covered Employees”).
Carrilio Sotelo owns Sotelo Air, as well as another entity,
Now Services of Nevada, LLC dba Cool Air now dba Plumbing
Trust Funds are ERISA employee benefit trust funds that
provide benefits to Covered Employees.
CBA incorporates by reference the trust agreements
establishing the Trust Funds and any amendments ...