Opinion

Board of Trustees of the California Ironworkers Field Pension Trust v. Streamline Integration

Court
District Court, C.D. California
Filed
Dec 19, 2022
Cited by
0 cases
Authority
More cited than 16.4%

holding that an unopposed motion for summary 25 judgment may be granted only after the court determines 26 there are no material issues of fact

How later courts described this case

  • holding that an unopposed motion for summary 25 judgment may be granted only after the court determines 26 there are no material issues of fact

Written by the judges who cited it.

The opinion

Case 2:21-cv-08301-RSWL-KES Document 24 Filed 12/19/22 Page 1 of 14 Page ID #:301

'O'

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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

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CV 21-08301-RSWL-KES x

12 BOARD OF TRUSTEES OF THE

CALIFORNIA IRONWORKERS

ORDER re: MOTION FOR

13 FIELD PENSION TRUST, ET

SUMMARY JUDGMENT [20]

AL.,

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Plaintiffs,

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16 v.

17 STREAMLINE INTEGRATION,

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Defendant.

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20 Plaintiffs, trustees of the California Ironworkers

21 Field Pension Trust (“Pension Trust”), California

22 Ironworkers Field Welfare Plan (“Welfare Plan”),

23 California Field Iron Workers Vacation Trust Fund

24 (“Vacation Trust”), California Field Ironworkers

25 Apprenticeship Training and Journeyman Retraining Fund

26 (“Training Fund”), California Ironworkers Field Defined

27 Contribution Pension Trust Fund (“DC Fund”), California

28 Field Iron Workers Administrative Trust (“Admin.

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Case 2:21-cv-08301-RSWL-KES Document 24 Filed 12/19/22 Page 2 of 14 Page ID #:302

1 Trust”), California Field Ironworkers Labor Management

2 Cooperative Trust Fund (“LMC Trust”), and the

3 Ironworkers Workers’ Compensation Trust (“Workers’ Comp.

4 Trust”), (collectively “the Trust Funds”), bring this

5 Action against Defendant Streamline Integration

6 (“Defendant”) for Breach of Written Collective

7 Bargaining Agreement and Related Trust Agreements,

8 Violation of Section 515 of the Employee Retirement

9 Income Security Act (“ERISA”), and for an injunction

10 requiring Defendant submit to an audit of Defendant’s

11 books and records.

12 Currently before the Court is Plaintiffs’ Motion

13 for Summary Judgment. Defendant failed to file an

14 opposition or objection to Plaintiffs’ Motion.

15 Having reviewed all papers submitted pertaining to

16 this Motion, the Court NOW FINDS AND RULES AS FOLLOWS:

17 the Court GRANTS Plaintiffs’ Motion and ORDERS Defendant

18 to submit to an audit of Defendant’s books and records

19 relevant to its obligation to contribute to the Trust

20 Funds.

21 I. BACKGROUND

22 A. Factual & Procedural Background

23 The Trust Funds are multi-employer trust funds

24 created and maintained pursuant to ERISA and

25 Section 302(c) of the Labor Management Relations Act of

26 1947, 29 U.S.C. § 186(c). Plfs.’ Statement of

27 Uncontroverted Facts (“Plfs.’ SUF”) ¶¶ 2-3, ECF No. 20-

28 4. These Trust Funds are funded by contributions paid

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Case 2:21-cv-08301-RSWL-KES Document 24 Filed 12/19/22 Page 3 of 14 Page ID #:303

1 by individual employers. Id. ¶ 4. The Ironworkers

2 Employees’ Benefit Corporation (the “IEBC”) is a non-

3 profit that administers the Trust Funds. Decl. of Mark

4 Ellis ¶ 2, ECF No. 20-2.

5 On or about June 7, 2020, Defendant executed the

6 Iron Workers Independent Agreement (“Independent

7 Agreement”) and the Contributing Employers Agreement

8 with the District Council of Iron Workers of the State

9 of California and Vicinity (the “Union”). Id. ¶¶ 6-7.

10 These two agreements provide that Defendant shall comply

11 with the provisions and rules set forth in the

12 collective bargaining agreement governing employers

13 obligated to contribute to the Trust Funds. Id. ¶¶ 8-

14 10. Therefore, under these agreements, Defendant agreed

15 and is obligated to submit contributions to the Trust

16 Funds. Id. ¶¶ 5-9.

17 Specifically, Defendant must submit monthly reports

18 and pay to the Trust Funds certain monetary

19 contributions for each hour paid for or worked by

20 employees performing work covered by the collective

21 bargaining agreement. Id. ¶¶ 9-10. Contributions are

22 due on the fifteenth day of each month following the

23 month in which Defendant’s employees were paid and/or

24 worked, and such contributions are considered delinquent

25 if not received by the twenty-fifth day of the month.

26 Id. ¶¶ 11-12. The agreements governing the Trust Funds

27 make clear that the prompt payment of contributions is

28 essential, and that liquidated damages resulting from

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Case 2:21-cv-08301-RSWL-KES Document 24 Filed 12/19/22 Page 4 of 14 Page ID #:304

1 failure to timely pay contributions are presumed to be

2 ten percent of the delinquent contributions if paid

3 within ten days of becoming delinquent, or twenty

4 percent if paid after the ten days, but no less than

5 $50.00 under any circumstances.1 Id. ¶ 15. These

6 agreements provide that unpaid contributions shall bear

7 interest at the rate of ten percent per annum.2 Id.

8 ¶ 16.

9 The agreements also authorize the Trust Funds to

10 examine and audit Defendant’s books and records to

11 determine whether the employer is making full and prompt

12 payment of the contributions to the Trust Funds. Id.

13 ¶ 17. If an audit reveals that Defendant has failed to

14 correctly report and pay contributions for reason other

15 than clerical error or omission, Defendant shall be

16 liable for an hourly charge for the audit, the unpaid

17 contributions, liquidated damages, reasonable attorney’s

18 fees, and any other costs of collection. Id. ¶ 18.

19 Defendant failed to submit contributions to the

20 Trust Funds from July 2020 through November 2020. Id.

21 ¶ 19. As a result, Defendant currently owes the Trust

22 Funds $36,149.06, broken down as follows: $25,327.77 in

23 delinquent contributions, $5,688.50 in liquidated

24 damages, $5,027.79 in interest, and $105.00 in audit

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1 The Admin Trust deviates from this formula, instead

26 assessing liquidated damages at ten percent what was due without

increasing those damages to twenty percent at any time. Id.

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2 Unpaid contributions to the Admin Trust bear interest at

28 seven percent per annum. Id.

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Case 2:21-cv-08301-RSWL-KES Document 24 Filed 12/19/22 Page 5 of 14 Page ID #:305

1 costs. Id. ¶¶ 21-24, 27.

2 Plaintiffs filed their Complaint [1] on October 20,

3 2021, and Defendant answered [11] on January 14, 2022.

4 Plaintiffs filed the instant Motion [20] on October 13,

5 2022. Defendant has not opposed or objected to the

6 instant Motion.

7 II. DISCUSSION

8 A. Legal Standard

9 Summary judgment is appropriate when the moving

10 party “shows that there is no genuine dispute as to any

11 material fact and the movant is entitled to judgment as

12 a matter of law.” Fed. R. Civ. P. 56(a). A fact is

13 “material” if it might affect the outcome of the suit,

14 and the dispute is “genuine” if the evidence is such

15 that a reasonable factfinder could return a verdict for

16 the nonmoving party. Anderson v. Liberty Lobby, 477 U.S

17 242, 248 (1986).

18 The moving party bears the initial burden of

19 proving the absence of a genuine dispute of material

20 fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323

21 (1986). Where the nonmoving party bears the burden of

22 proof at trial, the moving party need only show “an

23 absence of evidence to support the nonmoving party’s

24 case.” Id. at 325. If the moving party meets its

25 burden, the burden then shifts to the nonmoving party to

26 present “specific facts showing that there is a genuine

27 issue for trial.” Anderson, 477 U.S at 250. The

28 nonmoving party “must show more than the mere existence

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Case 2:21-cv-08301-RSWL-KES Document 24 Filed 12/19/22 Page 6 of 14 Page ID #:306

1 of a scintilla of evidence . . . or some ‘metaphysical

2 doubt’ as to the material facts at issue.” In re Oracle

3 Corp. Sec. Litig., 627 F.3d 376, 387 (9th Cir. 2010).

4 The evidence, and all reasonable inferences based

5 on underlying facts, must be construed in the light most

6 favorable to the nonmoving party. Scott v. Harris, 550

7 U.S. 372, 378 (2007). In reviewing the record, the

8 court’s function is not to weigh the evidence but only

9 to determine if a genuine issue of material fact exists.

10 Anderson, 477 U.S. at 255. “A district court’s ruling

11 on a motion for summary judgment may only be based on

12 admissible evidence.” In re Oracle Corp. Sec. Litig.,

13 627 F.3d at 385. “While the evidence presented at the

14 summary judgment stage does not yet need to be in a form

15 that would be admissible at trial, the proponent must

16 set out facts that it will be able to prove through

17 admissible evidence.” Norse v. City of Santa Cruz, 629

18 F.3d 966, 973 (9th Cir. 2010).

19 B. Analysis

20 Defendant does not oppose the present motion. In

21 the absence of an opposition, the Court nevertheless

22 decides a motion for summary judgment on its merits.

23 See Cristobal v. Siegel, 26 F.3d 1488, 1494-95 (9th Cir.

24 1994) (holding that an unopposed motion for summary

25 judgment may be granted only after the court determines

26 there are no material issues of fact). Plaintiffs,

27 therefore, must still meet their burden of showing the

28 absence of a genuine issue of material fact.

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Case 2:21-cv-08301-RSWL-KES Document 24 Filed 12/19/22 Page 7 of 14 Page ID #:307

1 Plaintiffs allege that Defendant breached contracts

2 obligating it to contribute to the Trust Funds, that

3 Defendant’s failure to contribute violated ERISA, and

4 the Defendant must submit to a further audit. See

5 generally Compl., ECF No. 1. The Court’s analysis

6 centers on Plaintiffs’ ERISA claim and request for an

7 injunction.3

8 1. ERISA

9 Plaintiffs contend that Defendant failed to timely

10 submit contributions to the Trust Funds in violation of

11 ERISA. See Plfs.’ Mem. of P. & A. in Supp. of Mot. for

12 Summ. J. (“Mem.”), ECF No. 20-1. Section 515 of ERISA

13 states that “[e]very employer who is obligated to make

14 contributions to a multiemployer plan under the terms of

15 the plan or under the terms of a collectively bargained

16 agreement shall . . . make such contributions in

17 accordance with the terms and conditions of such plan or

18 such agreement.” 29 U.S.C. § 1145.

19 a. Defendant is Obligated to Make

20 Contributions to the Trust Funds

21 On June 7, 2020, Defendant entered into an

22 Independent Agreement and a Contributing Employers

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3 In 1980, Congress amended ERISA to provide trustees of

24 multiemployer benefit plans with an effective federal remedy to

collect delinquent contributions. Laborers Health & Welfare Tr.

25 Fund For N. California v. Advanced Lightweight Concrete Co.,

484 U.S. 539, 541 (1988). Therefore, section 514(a) of ERISA

26 preempts state law claims that “relate to” employee benefits

plans. 29 U.S.C. § 1144(a). Accordingly, “ERISA preempts common

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law theories of . . .breach of contract.” Ellenburg v. Brockway,

28 Inc., 763 F.2d 1091, 1095 (9th Cir. 1985).

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Case 2:21-cv-08301-RSWL-KES Document 24 Filed 12/19/22 Page 8 of 14 Page ID #:308

1 Agreement with the Union. See Decl. of Mark Ellis, Exs.

2 A-B (“Independent Agreement” and “Contributing Employers

3 Agreement,” respectively), ECF No. 20-2. By entering

4 the Independent Agreement, Defendant agreed to comply

5 with the conditions and provisions of the collective

6 bargaining agreement and to accept, assume, and be bound

7 by any trust agreements, plans, or rules pertaining to

8 the collective bargaining agreement. See Independent

9 Agreement. The Independent Agreement also established

10 that Defendant “agree[d] to pay all monetary

11 contributions for each hour paid for or worked by

12 employees performing work covered by the [collective

13 bargaining agreement] to . . .the Trust Funds specified

14 in [the collective bargaining agreement] . . . .” Id.

15 Therefore, Plaintiffs have adequately shown that

16 the Trust Funds are a multiemployer plan that Defendant

17 is obligated to contribute to under the Independent

18 Agreement, Contributing Employer Agreement, and related

19 agreements. See generally Mem.; Independent Agreement;

20 Contributing Employer Agreement; Collective Bargaining

21 Agreement.

22 b. Defendant Failed to Make Contributions to

23 the Trust Funds from June 2020 Through

24 November 2020

25 Here, Plaintiffs have satisfied their burden of

26 showing there is no genuine issue of material fact

27 regarding whether Defendant failed to contribute to the

28 Trust Funds in accordance with the agreements. The

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Case 2:21-cv-08301-RSWL-KES Document 24 Filed 12/19/22 Page 9 of 14 Page ID #:309

1 agreements clearly required Defendant to submit monthly

2 reports and contributions to the Trust Funds, Defendant

3 did not do so, and Defendant has admitted as much. See

4 Independent Agreement; Collective Bargaining Agreement;

5 Decl. of Jason J. Kennedy ¶¶ 2-4, ECF No. 20-3; Decl. of

6 Jason J. Kennedy, Ex. A, ECF No. 20-3.

7 Mr. Mark Ellis, the Employer Accounts/Collection

8 Supervisor for the Trust Funds, oversees the collection

9 of contributions to the Trust Funds. Decl. of Mark

10 Ellis ¶ 7. He also supervises the assessment of

11 liquidated damages and interest owed to the Trust Funds

12 by employers bound by the collective bargaining

13 agreement and related agreements. Id. Mr. Ellis

14 submitted a declaration stating that he has in his

15 possession, custody, and control the books and records

16 of the Trust Funds, including: (1) reports and

17 contributions that the Trust Funds received from

18 Defendant; (2) correspondence between Defendant and the

19 Trust Funds; (3) records of contributions Defendant owes

20 to the Trust Funds; and (4) calculations of amounts owed

21 by Defendant to the Trust Funds. Id. ¶ 8.

22 Mr. Ellis provided a copy of a spreadsheet

23 “prepared by the IEBC staff reflecting the total

24 contributions, interest, and liquidated damages owed by

25 Defendant, less credit for payment received from a claim

26 on a bond, for July 2020 through November 2020.” Id.

27 ¶ 36. These amounts were “derived from the records of

28 the Trust Funds and calculation of the IEBC staff” under

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Case 2:21-cv-08301-RSWL-KES Document 24 Filed 12/19/22 Page 10 of 14 Page ID #:310

1 Mr. Ellis’s direction and supervision. Id. This

2 spreadsheet reveals that Defendant failed to pay

3 contributions owed to the Trust Funds from July 2020

4 through November 2020. See Decl. of Mark Ellis, Ex. M

5 (“Spreadsheet”), ECF No. 20-2.

6 Plaintiffs also supplied their First Set of

7 Requests for Admissions propounded upon Defendant. See

8 Decl. of Jason J. Kennedy, Ex. A. These Requests for

9 Admission ask Defendant to admit that (1) Defendant

10 entered into the Independent Agreement and Contributing

11 Employers Agreement; (2) Defendant had an obligation to

12 submit monthly reports and pay contributions to the

13 Trust Funds; (3) Defendant employed ironworker employees

14 from June 2020 through November 2020; (4) Defendant had

15 an obligation to pay benefit contributions from June

16 2020 through November 2020; (5) Defendant failed to

17 timely submit full contribution payments; (6) On January

18 7, 2020, Defendant’s President/Chief Executive Officer

19 executed a declaration stating the entire amount of the

20 audit claimed in this Action was accurate; (7) On

21 January 7, 2020, Defendant’s President/Chief Executive

22 Officer executed a declaration stating that the entire

23 amount of the audit claimed in this Action was owed by

24 Defendant; and (8) Defendant has an obligation to pay

25 the Trust Funds liquidated damages and interest for

26 contributions not timely paid. See id.

27 Defendant did not respond to Plaintiffs’ Requests

28 for Admissions. Decl. of Jason J. Kennedy ¶ 3. Federal

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Case 2:21-cv-08301-RSWL-KES Document 24 Filed 12/19/22 Page 11 of 14 Page ID #:311

1 Rule of Civil Procedure 36(a)(1) provides that “[a]

2 matter is admitted unless, within [thirty] days of being

3 served, the party to whom the request is directed serves

4 on the requesting party a written answer or objection

5 addressed to the matter and signed by the party or its

6 attorney.” Consequently, Defendant’s failure to respond

7 amounts to admissions of the information set forth in

8 Plaintiffs’ requests. Thus, Defendant has admitted to

9 failing to contribute to the Trust Funds from June 2020

10 through July 2020 in violation of the Independent

11 Agreement, Contributing Employer Agreement, and related

12 agreements.

13 Therefore, Plaintiffs have satisfied their burden

14 of showing that there is no genuine issue of material

15 fact that Defendant has failed to comply with its

16 obligations under the Independent Agreement,

17 Contributing Employer Agreement, and related contracts.

18 Having concluded that Defendant failed to pay

19 contributions to the Trust Funds from June 2020 through

20 November 2020, the Court finds that Defendant violated

21 ERISA.

22 c. Damages Defendant Owes the Trust Funds

23 Pursuant to 29 U.S.C. § 1132(g)(2), “[i]n any

24 action under this subchapter by a fiduciary for or on

25 behalf of a plan to enforce section 1145 . . . in which

26 a judgment in favor of the plan is awarded,” a court

27 shall award: (A) the unpaid contributions, (B) interest

28 on the unpaid contributions, (C) the greater of the

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Case 2:21-cv-08301-RSWL-KES Document 24 Filed 12/19/22 Page 12 of 14 Page ID #:312

1 interest or liquidated damages provided for under the

2 plan in an amount not in excess of twenty percent,

3 (D) reasonable attorney’s fees and costs of the action,

4 to be paid by the defendant, and (E) such other legal or

5 equitable relief as the court deems appropriate.

6 The agreements provide that a delinquent employer

7 will be liable for unpaid contributions, interest, and

8 liquidated damages. SUF ¶¶ 15-16. An employer will

9 also be liable for audit costs, reasonable attorney’s

10 fees, and any other costs of collection if an audit

11 reveals the employer has failed to correctly report and

12 pay contributions. Id. ¶ 18. Liquidated damages

13 resulting from failure to timely pay contributions are

14 presumed to be ten percent of the delinquent

15 contributions if paid within ten days of becoming

16 delinquent, or twenty percent if paid after the ten

17 days.4 Id. ¶ 15. Unpaid contributions bear interest at

18 the rate of ten percent per annum.5 Id. ¶ 16.

19 Once the Court issues judgment in the Trust Funds’

20 favor, award of these damages is mandatory, so long as:

21 (1) the employer is delinquent at the time of the

22 action; (2) the Court enters judgment against the

23 employer; and (3) the plan provides for the award. See,

24 e.g., Nw. Adm’rs, Inc. v. Albertson’s, Inc., 104 F.3d

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4 The Admin Trust assesses liquidated damages at ten percent

26 what was due and does not increase liquidated damages to twenty

percent. Id.

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5 Unpaid contributions to the Admin Trust bear interest at

28 seven percent per annum. Id.

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Case 2:21-cv-08301-RSWL-KES Document 24 Filed 12/19/22 Page 13 of 14 Page ID #:313

1 253, 257 (9th Cir. 1996); Kemmis v. McGoldrick, 706 F.2d

2 993, 997 (9th Cir. 1983). These conditions have been

3 met here, so the Trust Funds are entitled to judgment in

4 the amounts discussed below.

5 The Court awards the Trust Funds: (1) $25,327.77 in

6 unpaid contributions; (2) $5,027.79 in interest;

7 (3) $5,688.50 in liquidated damages; and (4) $105.00 in

8 audit costs. See SUF ¶¶ 21-24, 27; Spreadsheet.

9 Plaintiffs’ fees for filing, service of process, and

10 discovery are reasonable and recoverable, thus the

11 Plaintiffs may file a Notice of Application to the Clerk

12 to Tax Costs within thirty days of the Court entering

13 judgment. C.D. Cal. L.R. 54-3.1, 54-3.2, 54-3.10.

14 2. Audit

15 Plaintiffs request the Court issue an injunction

16 requiring Defendant to submit to an audit of the months

17 of “December 2020 to present to ascertain whether the

18 correct amounts of contributions have been reported and

19 paid and whether Defendant owes further contributions to

20 Plaintiffs.” Plfs.’ Notice of Mot and Mot. for Summ. J.

21 ¶ 4, ECF No. 20. The Supreme Court has held that where

22 a collective bargaining agreement gives the trustees of

23 an employee benefit plan the right to audit an

24 employer’s books and records, it will be enforced.

25 Cent. States, Se. & Sw. Areas Pension Fund v. Cent.

26 Transp., Inc., 472 U.S. 559, 569 (1985).

27 Here, Plaintiffs have identified the agreements

28 which require a signatory employer to submit to an audit

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Case 2:21-cv-08301-RSWL-KES Document 24 Filed 12/19/22 Page 14 of 14 Page ID #:314

1 of its books and records. See Independent Agreement;

2 Collective Bargaining Agreement. Therefore, Plaintiffs

3 have presented sufficient evidence to show they are

4 entitled to injunctive relief in the form of a court

5 order compelling Defendant to submit to an audit of its

6 records.

7 Accordingly, the Court orders Defendant to submit

8 to a full audit for the period of December 2020 through

9 the present by auditors selected by the Trust Funds at

10 the premises of Defendant during business hours, at a

11 reasonable time or times, and to allow the auditors to

12 examine such books and records of Defendant relevant to

13 the enforcement of the Independent Agreement,

14 Contributing Employer’s Agreement, collective bargaining

15 agreement, and related agreements.

16 III. CONCLUSION

17 Based on the foregoing, the Court GRANTS

18 Plaintiffs’ Motion for Summary Judgment in the amount of

19 $36,149.06. The Court ORDERS Defendant to submit to an

20 audit of Defendant’s books and records relevant to its

21 obligation to contribute to the Trust Funds.

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23 IT IS SO ORDERED.

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25 DATED: December 19, 2022 _ _ _ _ _ _ _/S_/ _R_O_N_A_L_D_ S_._W_. _LE_W_________

HONORABLE RONALD S.W. LEW

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Senior U.S. District Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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