U.A. Local 393 Health and Welfare Trust Fund v. THE KRAUTSTRUNK COMPANY, INC.

INTRODUCTION

12 U.A. Local 393 Health and Welfare Trust Fund, U.A. Local 393 Pension Fund, and 13 Trustees Alex Hall and Eric Mussynski (“Plaintiffs”) allege Krautstrunk Company, Inc. 14 (“Defendant”) failed to pay contributions for hours its employees worked, in violation of the 15 Employee Retirement Income Security Act of 1974 (“ERISA”). Magistrate Judge Nathanael 16 Cousins reassigned the case with a recommendation to grant Plaintiffs’ motion for default 17 judgment. (Dkt. No. 33.) The Court GRANTS Plaintiffs’ motion for default judgment as to 18 liability as recommended by Magistrate Judge Cousins, but requires a supplemental submission 19 regarding damages.

BACKGROUND

21 A. Complaint Allegations 22 U.A. Local 393 Health and Welfare Trust Fund and U.A. Local 393 Pension Fund (the 23 “Trust Funds”) are employee benefit plans pursuant to ERISA § 3(3), 29 U.S.C. § 1002(3). The 24 Trust Funds are organized based on the Labor Management Relations Act of 1947 (“LMRA”) §§ 25 302(c)(5), 302(c)(6), 302(c)(9). The Joint Board of Trustees of each fund are the fiduciaries of the 26 Trust Funds pursuant to ERISA § 302(a), 29 U.S.C. § 1002(a). The Krautstrunk Company, Inc., 27…