Puget Sound Electrical Workers Healthcare Trust v. Fargo Electrical Inc ( 2021 )

1 Honorable John C. Coughenour 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 PUGET SOUND ELECTRICAL WORKERS 9 HEALTHCARE TRUST; PUGET SOUND Case No. 2:21-cv-01051-JCC ELECTRICAL WORKERS PENSION TRUST; 10 PUGET SOUND ELECTRICAL WORKERS ORDER OF DISMISSAL WITHOUT 401(k) SAVINGS PLAN TRUST; and PUGET PREJUDICE 11 SOUND ELECTRICAL JOINT APPRENTICESHIP AND TRAINING TRUST, 12 Plaintiffs, 13 v. 14 FARGO ELECTRICAL, INC., a Washington corporation; RAYMOND RESTREPO, an 15 individual and a/k/a RAYMOND PARSON a/k/a CLAYTON GRIFFIN a/k/a DAVID PARSONS 16 a/k/a RAYMOND PARSONS a/k/a RAYMOND JOSEPH PARSONS a/k/a JOSEPH PARSONS; 17 and RLI INSURANCE COMPANY, an Illinois corporation, 18 Defendants. 19 20 This matter is before the Court on the motion of Plaintiffs for an order of dismissal under 21 Fed. R. Civ. P. 41(a)(2) as the remaining Parties have settled this matter. In addition to seeking an 22 order of dismissal, Plaintiffs seek the Court’s retention of ancillary jurisdiction to enforce the terms 23 of the Parties’ settlement, which includes an installment payment plan, personal guaranty, and ORDER OF DISMISSAL – 1 BARLOW COUGHRAN 1 confession of judgment covering delinquent fringe benefit contributions alleged as owed under 2 ERISA. 3 The Court has reviewed the motion, as well as the pleadings, files, and court records in this 4 matter. Being otherwise fully advised, the Court FINDS: 5 1. Defendants Fargo Electrical, Inc. and Raymond Restrepo have not appeared in this matter and have not answered the Complaint; 6 2. Per the allegations contained in the Complaint, this dispute concerns 7 delinquent fringe benefit contributions allegedly owed by Fargo Electrical, Inc. and Raymond Restrepo under ERISA; and 8 3. The Court has exclusive jurisdiction over claims for delinquent fringe 9 benefit contributions under ERISA, 29 U.S.C. §1132(e)(1). Based on the above findings, as well as the pleadings, files, and court records in this matter, 10 the Court also ORDERS: 11 1. Plaintiffs’ motion is GRANTED; 12 2. The Court retains jurisdiction to enforce payment of the delinquent fringe 13 benefit contributions under ERISA through the Parties settlement agreement, including the installment payment plan, personal guaranty, and 14 confession of judgment. Kokkonen v. Guardian Life Insurance Company of America, 511 U.S. 375, 381, 114 S.Ct. 1673, 1677, 128 L.Ed.2d 391 15 (1994); and 16 3. The Clerk of Court is directed to close the case. 17 DATED this 17th day of November 2021. 18 A 19 20 John C. Coughenour 21 UNITED STATES DISTRICT JUDGE 22 23 ORDER OF DISMISSAL – 2 BARLOW COUGHRAN