PAMCAH-UA Local 675 Pension Fund et al v. Gordon Mechanical LLC, et al

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-00099-JAO-KJM
FINDINGS AND
RECOMMENDATION TO ENTER
DEFAULT JUDGMENT AND
AWARD DAMAGES AGAINST
DEFENDANT GORDON
MECHANICAL LLC, A HAWAII
LIMITED LIABILITY COMPANY
Hearing
Date: December 17, 2025
Time: 10:00 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 March 5, 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 [ECF No. 1]. On
April 22, 2025, Plaintiffs filed their First Amended Complaint against Defendants
Gordon Mechanical LLC, a Hawaii limited liability company (“Gordon
Mechanical”), Gordon Mechanical NV LLC, Gordon Energy LLC, and Richard
Gordon [ECF No. 12].
On May 15, 2025, Defendant Gordon Mechanical was served with the First
Amended Complaint [ECF No. 12], Civil Cover Sheet filed April 22, 2025 [ECF
No. 12-1], Amended Summons filed April 23, 2025 [ECF No. 14], Order Setting
Rule 16 Scheduling Conference filed March 3, 2025 [ECF No. 6] and Minutes
Continuing Schedule Conference dated April 14, 2025 [ECF No. 11]. [ECF No.
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15]. Plaintiffs filed their first Motion for Entry for Default Judgment on July 31,
2025 [ECF No. 22], which was denied without prejudice [ECF Nos. 29, 32].
On October 3, 2025, Plaintiffs filed their Notice of Partial Dismissal without
Prejudice of Defendants Gordon Mechanical NV LLC, Gordon Energy LLC, and
Richard Gordon [ECF No. 31]. As a result, Defendant Gordon Mechanical is the
remaining defendant in this lawsuit.
On October 10, 2025, Plaintiffs filed their second Motion for Entry of
Default Judgment against Defendant Gordon Mechanical, requesting judgment in
the amount of $68,471.90 ($59,718.62 in late fees, and $8,753.28 in attorneys’ fees
and costs) [ECF No. 33].
On October 29, 2025, Plaintiffs filed their First Amended Motion for Entry
of Default Judgment against Defendant Gordon Mechanical (“First Amended
Motion”), requesting judgment in the amount of $69,537.34 ($59,718.62 in late
fees, and $9,818.72 in attorneys’ fees and costs) [ECF No. 35]. Pursuant to the
Court’s request, Plaintiffs filed a Supplemental Memorandum [ECF No. 37], and
an Amended Supplemental Memorandum [ECF No. 41] to support their First
Amended Motion.
The First Amended Motion came on for hearing on December 17, 2025
[ECF No. 44], before the undersigned United States Magistrate Judge, due notice
of said hearing having been provided to Defendant Gordon Mechanical [ECF No.
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43]. Carolyn E. Hayashi, Esq., appeared on behalf of Plaintiffs. Defendant Gordon
Mechanical failed to appear after three calls by the courtroom manager and failed
to otherwise respond to the First Amended Motion.
FINDINGS
Having reviewed the First Amended Motion, the memoranda in support of
the First Amended Motion, the declaration of Erinn Liu, the declaration of Carolyn
E. Hayashi, 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
FUND; PAMCAH-UA LOCAL 675 COOPERATION FUND (hereinafter
collectively referred to as “Trust Funds”) [ECF No. 12 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. 12 at 2–3 ¶ 2].
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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. 12 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 12 at 3 ¶ 4].
5. On May 24, 2019, Defendant Gordon Mechanical agreed to be a signatory to
the Collective Bargaining Agreement between the Local 675 of the United
Association of Journeyman and Apprentice Plumbers and Pipefitters of the United
States and Canada, AFL-CIO (“Union”) and the Plumbing & Mechanical
Contractors Association (the “Bargaining Agreement.”) [ECF No. 12 at 6 ¶ 11].
6. By agreeing to abide by the Bargaining Agreement and various trust
agreements attached thereto, Defendant 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 No. 12 at 8 ¶ 25].
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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 No. 12 at 7 ¶ 14(d)].
c. 	If it became necessary for the Trust Funds to take legal action to
enforce payment of contributions and/or liquidated damages against Defendant
Gordon Mechanical, that Defendant Gordon Mechanical would pay all court and
collection costs and reasonable attorneys’ fees. [ECF 12 at 10 ¶ 31].
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
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 Gordon Mechanical is appropriate.
9. Since the filing of the First Amended Complaint, Defendant Gordon
Mechanical paid its contributions for December 2024 and January 2025 in April
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2025. In addition, the Trustees approved the waiver of the February 2025
liquidated damages via an email poll on April 25, 2025, due to what Defendant
Gordon Mechanical claimed to be a postmark error. See Declaration of Erinn Liu
[ECF No. 41-1].
10. In summary, for the period through February 2025, Defendant Gordon
Mechanical has paid and brought current all of its contributions, but has not paid
the outstanding liquidated damages. The unpaid liquidated damages as of the filing
of Plaintiffs’ First Amended Motion are based on 10% of delinquent contributions
as follows:
Month 	Contributions on which
liquidated damages are
based
Liquidated Damages
November 2024 	$240,672.37 	$24,067.25
December 2024 	$184,208.27 	$18,420.82
January 2025 	$172,305.40 	$17,230.55
Total due and owing 	$ 	0.00 	$59,718.62
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. Upon said review, this Court disallows
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three items because they were redacted, and finds attorney’s fees and costs in the
amount of $9,378.72 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 liquidated
damages in the sum of $59,718.62, and attorneys’ fees and costs in the amount of
$9,378.72, without prejudice to the Plaintiffs to seek other and further damages
from Defendant Gordon Mechanical arising from unaudited hours worked by its
employees from November 2024 through January 2025, for a total default
judgment in the amount of $69,097.34.
IT IS SO FOUND AND RECOMMENDED.
DATED: 	Honolulu, Hawaii, January 5, 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-00099-JAO-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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