Alaska Laborers Employers Retirement Trust et al v. Earth Stone, Inc.

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UNITED STATES DISTRICT COURT
DISTRICT OF ALASKA
Alaska Laborers Employers )
Retirement Trust, et al., )
)
Plaintiffs, ) 3:15-cv-193 JWS
)
vs. ) ORDER AND OPINION
)
Earth Stone, Inc., ) [Re: Motion at docket 12]
)
Defendant. )
)
I. MOTION PRESENTED
At docket 12 plaintiffs move for summary judgment. Defendant opposes at
docket 19, and plaintiffs reply at docket 23. Oral argument has not been requested and
would not assist the court.
II. DISCUSSION
In their motion and supporting papers, plaintiffs ask the court to rule that as a
matter of law defendant is liable for unpaid contributions due to plaintiffs as well as for
liquidated damages, interest, costs, and attorney’s fees. More specifically, they ask the
court to rule that they are entitled to judgment against defendant for $66,887.51 plus
attorney’s fees and costs. Plaintiffs rely on a payroll audit performed by
Case 3:15-cv-00193-JWS Document 24 Filed 05/10/16 Page 1 of 2

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CliftonLarsonAllen LLP. In its opposition, def endant does not deny that it owes some
amount of money for unpaid contributions, but provides its owner’s affidavit which is
sufficient to create disputed issues of material fact with respect to the amount owed.
Plaintiffs concede this point in their reply.
Having reviewed the parties’ papers, the court concludes that plaintif fs are not
entitled as a matter of law to all the relief they request. The motion at docket 12 is
GRANTED to the extent that defendant owes some amount of unpaid contributions to
plaintiffs, together with associated sums to be calculated pursuant to applicable
statutes, but otherwise DENIED. Because resolution of the quantum owed appears to
be largely an accounting problem, the court strongly recommends that the parties settle
their dispute. In the court’s view, resolution of the amount owed by defendant could be
more efficiently resolved by mediation, negotiation, or the engagement of a mutually
agreeable independent accountant than by trial.
DATED this 10th day of May 2016.
/s/ JOHN W. SEDWICK
SENIOR UNITED STATES DISTRICT JUDGE
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Case 3:15-cv-00193-JWS Document 24 Filed 05/10/16 Page 2 of 2