4 On August 2, 2016, this Court issued an entering order (“8/2/16 EO”), stating that it was inclined to grant the Motion as to Count II, but that it was inclined to deny the Motion as to Counts III and IV because it was inclined to find that there were genuine issues of material fact which preclude summary judgment as to those claims. They seek summary judgment on the issue of liability against Aguinaldo in the amount of $18,349.75, pursuant to the 2/3/15 Order, and in the amount of $2,294.88, pursuant to the 5/26/16 Order. 46.] In the instant Motion, Plaintiffs argue that, based on the alter ego finding in the 5/26/16 Order, there is no genuine issue of material fact, and they are entitled to summary judgment against Aguinaldo. On May 26, 2016, this Court issued the Order Granting in Part and Denying in Part Plaintiffs’ Request for Sanctions Against Defendant Dynamic Interiors LLC (“5/26/16 Order”). Plaintiffs’ counsel orally moved for sanctions against Dynamic for its failure to appear. Neither Aguinaldo nor any other representative of Dynamic appeared at the Mahearing. On February 12, 2016, this Court ordered Dynamic to appear at a hearing on Mato 3 show cause why it should not be held in civil or criminal contempt for failing to comply with the Subpoena. On December 16, 2015, the magistrate judge issued the Certification of Facts Regarding Defendant Dynamic Interiors, LLC’s Failure to Comply with Subpoena and Order to Show Cause (“12/16/15 OSC”). The magistrate judge held a further hearing on the 10/28/15 OSC on December 15, 2015. On December 12, 2015, Plaintiffs filed a status report, stating that Plaintiffs’ counsel agreed to an extension until December 9, 2015, but Aguinaldo did not submit all of the required documents. ![]() Aguinaldo appeared at the Novemhearing, and the magistrate judge informed him that he had to comply with the Subpoena by December 7, 2015. The 10/28/15 OSC required Dynamic’s custodian of records to appear at a hearing on Novemto show cause why Dynamic should not be held in contempt. On October 28, 2015, the magistrate judge issued an Order to Show Cause (“10/28/15 OSC”) why Dynamic should not be held in contempt for failing to comply with a Jsubpoena duces tecum (“Subpoena”). Thus, only the claims against Aguinaldo remained. On February 3, 2015, this Court issued an order adopting the magistrate judge’s findings and recommendation (“2/3/15 Order”). 2 for attorneys’ fees, costs, and taxes – for a total award of $18,349.75. 12.] Count II also contains additional allegations regarding the alter ego claim. Plaintiffs filed a motion for default judgment on December 9, 2014. Plaintiffs moved for, and obtained, entry of default against Dynamic and Aguinaldo. The Complaint alleges the following claims: Defendant Dynamic Interiors LLC (“Dynamic”) failed to make required contributions that it owed to the Trust Funds pursuant to various trust agreements and the Employee Retirement Security Act of 1974 (“ERISA”) (“Count I”) Aguinaldo is individually liable for any judgment entered against Dynamic because he is the alter ego of Dynamic (“Count II”) 1 Aguinaldo is individually liable because he breached his fiduciary duties under the trust agreements, ERISA, and ERISA regulations (“Count III”) and a claim seeking the imposition of a constructive trust on the assets of Dynamic and/or Aguinaldo (“Count IV”). BACKGROUND Plaintiffs, the trustees of the masons and plasterers trust funds (“the Trust Funds”), filed their Complaint on September 25, 2014. After careful consideration of the Motion, supporting materials, and the relevant legal authority, Plaintiffs’ Motion is HEREBY GRANTED for the reasons set forth below. ![]() On August 2, 2016, this Court issued an entering order (“8/2/16 EO”) that, among other things, found the Motion suitable for disposition without a hearing pursuant to Rule LR7.2(d) of the Local Rules of Practice of the United States District Court for the District of Hawai`i (“Local Rules”). ![]() Aguinaldo (“Aguinaldo”) did not respond to the Motion. Aguinaldo (“Motion”), filed on June 9, 2016. AGUINALDO Before the Court is Plaintiffs’ Motion for Summary Judgment Against Defendant Eddie V. ) _ ) CIVIL 14-00434 LEK-RLP ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AGAINST DEFENDANT EDDIE V. ) ) DYNAMIC INTERIORS, LLC, ET ) AL., ) ) Defendants. 51 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII HAWAII MASONS’ HEALTH AND WELFARE FUND, ETC., ET AL., ) ) ) Plaintiffs, ) ) vs. Hawaii Masons' Health And Welfare Fund v.
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