Locals 302 & 612 International Union of Operating Engineers Construction Industry Health & Security Fund v. Ace Paving Co.

MEMORANDUM

Ace Paving Co., Inc. appeals the district court’s grant of summary judgment in favor of Locals 302 & 612 of the International Union of Operating Engineers Construction Industry Health and Security Fund; Locals 302 and 612 of the International Union of Operating Engineers-Employers Construction Industry Retirement Fund; Western Washington Operating Engineers-Employers Training Trust Fund; and Local 302 of the International Union of Operating Engineers. We affirm.

Ace asserts that the district court erred when it determined that Ace must pay liquidated damages based upon the amount of contributions that remained unpaid when the action commenced, even if those were paid before judgment was entered. We disagree; the law of this circuit required that result. See Nw. Adm’rs, Inc. v. Albertson’s, Inc., 104 F.3d 253 , 257-58 (9th Cir.1996); see also Idaho Plumbers & Pipefitters Health & Welfare Fund v. United Meek Contractors, Inc., 875 F.2d 212 , 215 (9th Cir.1989). We reject Ace’s assertion that we are not bound by those cases. See Hart v. Massanari, 266 F.3d 1155, 1171 (9th Cir.2001); see also Cetacean Cmty. v. Bush, 386 F.3d 1169, 1173 (9th Cir.2004).

AFFIRMED.

xhis…