Plumbers & Pipefitters Local 219 Combined Funds, Inc. v. Bim Designs, Inc.

4:24-cv-01417Ohnd14 nov 2025

Testo completo

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
PLUMBERS & PIPEFITTERS LOCAL 	)
NO. 219 COMBINED FUNDS, INC., 	)
) 	CASE NO. 4:24-CV-01417
Plaintiff, 	)
)
v. 	) 	JUDGE BENITA Y. PEARSON
)
BIM DESIGNS, INC., 	) 	MEMORANDUM OF OPINION
) 	AND ORDER
Defendant. 	) 	[Resolving ECF No. 10]
The Court consider Plaintiff’s Motion for Default Judgment under Fed. R. Civ. P.
55(b)(2). See ECF No. 10. It has reviewed the docket, affidavits, policies, agreements,
supporting memorandum, and applicable law. See ECF Nos. 10–1, 10–2, 10–3, 10–4, 10–5, 10–
6, 10–7, and 10–8. The Motion is granted for the reasons herein.
(I) DISCUSSION
Plaintiff Plumbers & Pipefitters Local No. 219 Combined Funds, Inc. sued Defendant
BIM Designs, Inc. on August 20, 2024 under 29 U.S.C. §§ 1132 and 1145 of the Employee
Retirement Income Security Act (“ERISA”) and 29 U.S.C. § 185 of the Labor Management
Relations Act (“LMRA”). See ECF No. 1. Therein, Plaintiff alleged (1) breach of contract for a
payroll compliance audit and (2) breach of contract for unpaid contributions. ECF No. 1 at
PageID ##: 4–6 ¶¶ 17–27. Defendant was served process (see ECF No. 6) yet failed to plead or
defend, leading to entry of default on October 23, 2024. See ECF No. 8; Fed. R. Civ. P. 55(a);
Fed. R. Civ. P. 4(e)(1); N.D. Ohio Civ. R. 4.2(c). Plaintiff moved for default judgment on
Case: 4:24-cv-01417-BYP Doc #: 11 Filed: 11/14/25 1 of 2. PageID #: <pageID>
(4:24-CV-01417)
2
August 5, 2025––nearly one year later. See ECF No. 10; Fed. R. Civ. P. 55(b)(2). Under 29
U.S.C. § 1132(g)(2), Plaintiff is entitled to: (1) unpaid contributions, deductions, and dues
totaling $38,838.52; (2) liquidated damages totaling $3,883.85; and (3) attorneys’ fees and costs
totaling $10,081.01. See ECF No. 10 at PageID #: 71 ¶ A. The Court finds these costs
reasonable and that no further relief would be just or equitable under 29 U.S.C. § 1132(g)(2)(E).
(II) CONCLUSION
Plaintiff’s Motion for Default Judgment (see ECF No. 10) is granted. Judgment shall be
entered in favor of Plumbers & Pipefitters Local No. 219 Combined Funds, Inc. and against BIM
Designs, Inc. in the amount of $52,803.38.1 The Clerk of Court shall issue a copy of this Order
by regular mail to:
BIM Designs, Inc.
Attn: Mark T. Oden, Registered Agent
4517 North 12th Street
Phoenix, Arizona 85014
A separate default judgment shall issue.
IT IS SO ORDERED.
November 14, 2025 	/s/ Benita Y. Pearson
Date 	Benita Y. Pearson
United States District Judge
1 Plaintiff incorrectly calculated the aggregate amount as $52,803.39. ECF No. 10
at PageID #: 71 ¶ A. That figure is corrected herein.
Case: 4:24-cv-01417-BYP Doc #: 11 Filed: 11/14/25 2 of 2. PageID #: <pageID>

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