United States District Court, D. Nevada
BOARD OF TRUSTEES OF THE TEAMSTERS LOCAL 631 SECURITY FUND FOR SOUTHERN NEVADA; BOARD OF TRUSTEES OF THE TEAMSTERS CONVENTION INDUSTRY TRAINING FUND, Plaintiffs,
ABC EXPO SERVICES, LLC, a Nevada limited liability company Defendant.
P. Segal, Esq., Bryce C. Loveland, Esq., Christopher M.
Humes, Esq., BROWNSTEIN HYATT FARBER SCHRECK, LLP, Attorneys
ORDER GRANTING MOTION FOR DEFAULT JUDGMENT (ECF NO.
Jennifer A. Dorsey U.S. District Judge.
the Court is the Plaintiffs', the Boards of Trustees of
the Teamsters Local 631 Security Fund for Southern Nevada,
and of the Teamsters Convention Industry Training Fund
(“Trust Funds”), Motion for Default Judgment
against Defendant ABC Expo Services, LLC (“ABC
Expo”). (ECF No. 7.) Default having been entered
against Defendant, the Court having reviewed the
Plaintiffs' Motion, being fully advised, and good cause
appearing, the Court now makes the following findings of
facts and conclusions of law.
Finding of Facts.
Plaintiffs Boards of Trustees are fiduciaries for purposes of
the Employee Retirement Income Security Act of 1974
Defendant ABC Expo, acted as an employer within the State of
Nevada employing persons who perform work covered by a
collective bargaining agreement (“CBA”) between
ABC Expo and the International Brotherhood of Teamsters Local
631 (“Union”).The Trust Funds are ERISA employee
benefit trust funds that provide benefits to Covered
CBA requires that in the event ABC Expo subcontracts work
covered by the CBA to a company not signatory to a CBA with
the Union, the ABC Expo would ensure that the subcontractor
observes the applicable working conditions and wage rates,
including the remittance of employee benefit contributions to
the Trust Funds.
Expo subcontracted work covered under the CBA to Thunder and
Lightning, LLC (“T & L”).
& L was not signatory to a CBA with the Union.
& L failed to remit all required employee benefit
contributions to the Trust Funds.
Demand has been made to ABC Expo to remit T & L's
delinquent contributions and other amounts due to the Trust
Funds on behalf of T & L, but ABC Expo has failed and
refused to pay, and continues to refuse to pay these amounts.
contract compliance review (“Audit”) was
performed of ABC Expo, showing that ABC Expo owes $1, 060, to
the Trust Funds for employee benefit contributions.
Additionally, the Audit also shows that ABC Expo owes $13,
711, due to T & L's failure to remit employee benefit
Trust Funds' Collection Policy requires an additional $5,
000 in attorney's fees and costs in any instance where
the Trust Funds seek a delinquency judgment by default