PAMCAH-UA Local 675 Pension Fund et al v. Gordon Mechanical LLC, a Hawaii limited liability company

Of Counsel:
CHAR SAKAMOTO ISHII LUM & CHING
Attorneys at Law
A Law Corporation
CAROLYN E. HAYASHI 	4234
Davies Pacific Center
841 Bishop Street, Suite 850
Honolulu, Hawaii 96813
Tel: (808) 522-5133
Fax: (808) 522-5144
Email: CEHayashi@lawcsilc.com
Attorney for Plaintiffs
TRUSTEES OF THE PAMCAH-UA
LOCAL 675 TRUST FUNDS
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
PAMCAH-UA LOCAL 675
PENSION FUND; PAMCAH-UA
LOCAL 675 ANNUITY FUND;
PAMCAH-UA LOCAL 675 HEALTH
& WELFARE FUND; PAMCAH-UA
LOCAL 675 VACATION &
HOLIDAY FUND; PAMCAH-UA
LOCAL 675 TRAINING FUND;
PAMCAH-UA LOCAL 675
COOPERATION FUND;
Plaintiffs,
v.
GORDON MECHANICAL LLC, a
Hawaii limited liability company;
JOHN DOES 1-10; JANE DOES 1-
10; DOE CORPORATIONS 1-10;
DOE PARTNERSHIPS 1-10; DOE
CIVIL NO. 1:25-cv-00442-DKW-KJM
FINDINGS AND
RECOMMENDATION TO ENTER
DEFAULT JUDGMENT AND
AWARD DAMAGES AGAINST
DEFENDANT GORDON
MECHANICAL LLC, A HAWAII
LIMITED LIABILITY COMPANY
Hearing:
Date: February 25, 2026
Time: 10:30 a.m.
Judge: The Honorable Kenneth J.
Mansfield
No trial date set.
(Caption continued on next page)
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GOVERNMENTAL AGENCIES 1-
10; DOE TRUSTS 1-10;
Defendants.
FINDINGS AND RECOMMENDATION TO ENTER DEFAULT
JUDGMENT AND AWARD DAMAGES AGAINST DEFENDANT GORDON
MECHANICAL LLC, A HAWAII LIMITED LIABILITY COMPANY
On October 13, 2025, the Trustees of Plaintiffs PAMCAH-UA LOCAL 675
TRUST FUNDS, which include the Pension, Annuity, Health & Welfare, Vacation
and Holiday, Training and Cooperation Trust Funds (hereinafter collectively
referred to as “Plaintiffs” or “Trust Funds”), filed a Complaint against Defendant
Gordon Mechanical LLC, a Hawaii limited liability company (“Gordon
Mechanical” or “Defendant”) [ECF No. 1]. On November 25, 2025, Plaintiffs filed
their First Amended Complaint against Defendant Gordon Mechanical LLC, a
Hawaii limited liability company [ECF No. 11].
On December 2, 2025, Defendant was served with the First Amended
Complaint, Civil Cover Sheet filed November 25, 2025 [ECF No. 11-2], First
Amended Summons filed November 26, 2025 [ECF No. 13], Order Setting Rule
16 Scheduling Conference filed October 14, 2025 [ECF No. 5] and Minutes
Continuing Schedule Conference dated November 17, 2025 [ECF No. 10]. See
Proof of Service filed December 2, 2025 [ECF No. 14]. Defendant failed to
answer, or otherwise plead, and such time to answer or otherwise plead has
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expired. Thereafter, Plaintiffs requested that default be entered against Defendant
[ECF No. 15], and on December 26, 2025, the Clerk of the Court made an Entry of
Default of Defendant [ECF No. 16].
On January 15, 2026, Plaintiffs filed their Motion for Entry for Default
Judgment against Defendant Gordon Mechanical in the amount of $553,732.55
($445,207.64 in contributions, $106,838.32 in liquidated damages, and $1,686.59
in attorneys’ fees and costs) (“Motion”) [ECF No. 19].
The Motion came on for hearing on February 25, 2026, before the
undersigned United States Magistrate Judge, due notice of said hearing having
been provided to Defendant [ECF No. 23]. Carolyn E. Hayashi, Esq. appeared on
behalf of Plaintiffs. Defendant failed to appear after three calls by the courtroom
manager and failed to otherwise respond to the Motion.
FINDINGS
Having reviewed the Motion, the memoranda in support of the Motion, the
declaration of Erinn Liu, declaration of Carolyn E. Hayashi, and the exhibits
thereto, and the record established in this action, the Court finds as follows:
1. Plaintiffs are fiduciaries and trustees of the PAMCAH-UA LOCAL 675
PENSION FUND; PAMCAH-UA LOCAL 675 ANNUITY FUND; PAMCAH-UA
LOCAL 675 HEALTH & WELFARE FUND; PAMCAH-UA LOCAL 675
VACATION & HOLIDAY FUND; PAMCAH-UA LOCAL 675 TRAINING
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FUND; PAMCAH-UA LOCAL 675 COOPERATION FUND (hereinafter
collectively referred to as “Trust Funds”) [ECF No. 11 at 2 ¶ 1].
2. The Annuity Fund is a money purchase pension plan and the Pension Fund
is a defined benefit pension plan as defined in section 3(2) of ERISA, 29 U.S.C.
§ 1002(2), and the Health & Welfare, Training, and Vacation & Holiday Funds are
employee welfare benefit plans as defined in section 3(1) of ERISA, 29 U.S.C.
§ 1002(1). The Trust Funds are multiemployer plans as defined in section 3(37)(A)
of ERISA, 29 U.S.C. § 1002(37)(A) [ECF No. 11 at 2–3 ¶ 2].
3. This action arises under the Labor-Management Relations Act, 1947, as
amended, the Employee Retirement Income Security Act of 1974, and the
Multiemployer Pension Plan Amendments Act of 1980, as hereinafter more fully
appears [ECF No. 11 at 3 ¶ 4].
4. Jurisdiction is founded on questions arising thereunder and more specifically
under 29 U.S.C. §§ 1145 and 1132(a) and (f). Jurisdiction is proper pursuant to
section 502(e)(1) of ERISA, 29 U.S.C. § 1132(e)(1), and pursuant to section
502(e)(2) of ERISA, 29 U.S.C. § 1132(e)(2), and section 301(a) of the LMRA, 29
U.S.C. § 185(a). [ECF 11 at 3 ¶ 4].
5. On May 24, 2019, Defendant agreed to be a signatory to the Collective
Bargaining Agreement (“CBA”) between the Local 675 of the United Association
of Journeyman and Apprentice Plumbers and Pipefitters of the United States and
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Canada, AFL-CIO (“Union”) and the Plumbing & Mechanical Contractors
Association (collectively referred to as the “Bargaining Agreement.”)
[ECF 11 at 5 ¶ 8].
6. By agreeing to abide by the Bargaining Agreement and various trust
agreements attached thereto, Gordon Mechanical is specifically required to do the
following:
a. 	Pay the Trust Funds certain amounts for employee benefits, for work
and labor performed by Gordon Mechanical’s covered employees, on or before the
due dates as specified in the Bargaining Agreement. [ECF 11 at 7 ¶ 13].
b. 	In the event any monthly contributions were not paid when due,
Gordon Mechanical would pay to each Trust Fund liquidated damages in the
amount of ten percent (10%) per annum on unpaid contributions for additional
administrative hours and costs for late contribution]. [ECF 11 at 7 ¶ 14]
c. 	If it became necessary for the Trust Funds to take legal action to
enforce payment of contributions and/or liquidated damages against Defendant,
that Defendant would pay all court and collection costs and reasonable attorneys’
fees. [ECF 11 at 9 ¶ 19].
7. Furthermore, pursuant to Sections 502 and 515 of ERISA, 29 U.S.C. §§
1132 and 1145, as amended by the Multiemployer Pension Plan Amendments Act,
Plaintiffs, as fiduciaries, have standing to enforce the terms of ERISA plans by
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obtaining appropriate relief from this Court. Section 502 of ERISA, 29 U.S.C.
§1132(e)(1), grants exclusive jurisdiction to the district courts to hear civil actions
brought by Secretary of Labor or by a participant, beneficiary or a fiduciary.
8. The Court has considered the application of the factors for evaluating
whether default judgment is appropriate as set forth in Eitel v. Cool, 782 F.2d 1470,
1471–72 (9th Cir. 1986). Evaluating all of the Eitel factors, default judgment
against Defendant is appropriate.
9. Since the filing of the First Amended Complaint, Gordon Mechanical paid
its contributions for June and July 2025. However, Gordon Mechanical still owes
liquidated damages for those months. See Declaration of Erinn Liu [ECF No. 19-2
at 4 ¶ 8].
10.In summary, for the period May 2025 and August 2025 through September
2025, Gordon Mechanical owes the Trust Funds $445,207.64 in contributions, and
for the period of March 2025 through September 2025, owes the Trust Funds
$106,838.32 in liquidated damages. The liquidated damages are based on 10% of
delinquent contributions as follows:
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Month 	Contributions on which
liquidated damages are
based
Liquidated Damages
March 2025 	$217,852.70
(contributions were paid,
but liquidated damages
were not)
$21,785.27
April 2025 	$167,095.01
(contributions were paid,
but liquidated damages
were not)
$16,709.51
May 2025 	$188,789.10 	$18,878.92
June 2025 	$119,629.06
(contributions were paid,
but liquidated damages
were not)
$11,962.92
July 2025 	$118,598.11
(contributions were paid,
but liquidated damages
were not)
$11,859.83
August 2025 	$135,605.83 	$13,560.58
September 2025 	$120,812.71 	$12,081.29
Total due and owing 	$445,207.64 	$106,838.32
11.An award of attorneys’ fees to employee benefit plans is mandatory in all
successful actions to recover delinquent contributions under 29 U.S.C. §§ 1145 and
1132.
12.This Court has reviewed the billing records of Plaintiffs’ counsel and the
declarations attached to the Motion and finds the requested attorneys’ fees and
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costs to be reasonable, necessarily incurred, and directly related to the services
provided herein.
RECOMMENDATION
In accordance with the foregoing, this Court FINDS AND RECOMMENDS
that Default Judgment be entered in favor of Plaintiffs and against Defendant
Gordon Mechanical LLC, a Hawaii limited liability company, for contributions in
the sum of $445,207.64, liquidated damages in the sum of $106,838.32, and
attorneys’ fees and costs in the amount of $1,686.59, without prejudice to the
Plaintiffs to seek other and further damages from Defendant arising from unaudited
hours worked by Defendant’s employees from March through September 2025, for
a total default judgment in the amount of $553,732.55.
IT IS SO FOUND AND RECOMMENDED.
DATED: Honolulu, Hawaii, March 6, 2026.
Trustees of the PAMCAH-UA Local 675 Trust Funds v. Gordon Mechanical LLC, a Hawaii
limited liability company, et al.; Civil No. 1:25-cv-00442-DKW-KJM; FINDINGS AND
RECOMMENDATION TO ENTER DEFAULT JUDGMENT AND AWARD DAMAGES
AGAINST DEFENDANT GORDON MECHANICAL LLC, A HAWAII LIMITED
LIABILITY COMPANY
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