U.A. Local 393 Health and Welfare Trust Fund v. THE KRAUTSTRUNK COMPANY, INC.
Opinion
Trial Court Opinion
BACKGROUND
22 Plaintiffs submitted a supplemental declaration from Matthew Minser explaining their 23 interest calculation. (Dkt. No. 37.) In the declaration, Plaintiffs introduce a document that 24 governs the delinquency collection procedures of U.A. Local 393 Health and Welfare Trust Fund 25 and U.A. Local 393 Pension Fund (the “Trust Funds”). (Dkt. No. 37 ¶ 8.) Plaintiffs contend that 26 based on this document, contributions are considered delinquent if they are not received on the 27 eighteenth (18th) day rather than the fifteenth (15th) of the month following the month hours were worked. (Dkt. No. 37 ¶¶ 9-10.) Moreover, interest is calculated based on unpaid contributions, but not liquidated damages. (Dkt. No. 37 ¶ 11.) In addition, Plaintiffs request additional interest accruing at the same rate of ten percent per annum from September 16, 2022 to August 15, 2023. (Dkt. No. 37 ¶ 12.) LEGAL STANDARD On default judgment, the factual allegations relating to a defendant’s liability are taken as true, but not the allegations regarding the amount of damages. TeleVideo Systems, Inc. v. Heidenthal, 826 F.2d 915,…