Hawaii Carpenters Trust Funds et al v. Central Construction Inc. et al

Of Counsel:
MILLER SHEA
A Limited Liability Law Company
JEFFREY P. MILLER 	7559-0
1001 Bishop Street, Suite 2925
Honolulu, Hawaii 96813
Telephone: (808) 536-2442
Facsimile: (808) 369-8281
Email: jeff@millershealaw.com
Attorneys for Plaintiffs
TRUSTEES OF THE HAWAII
CARPENTER TRUST FUNDS
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
HAWAII CARPENTERS TRUST
FUNDS, Health & Welfare Fund by
its trustees Glen Kaneshige, Eric
Hashizume, Michael Young, Ronald
Taketa, Kyle Chock, Blake T. Inouye,
Conrad C. Verdugo, Jr., Juan
Padasdao, Jr., Travis Murakami;
Nathaniel Kinney and Dione Kalaola;
Apprenticeship & Training Fund by
its trustees Conrad Murashige, Dale
Sakamoto-Yoneda, Roy Morioka,
Patrick Gill, Patrick Palmer, Kyle
Chock, Ronald Taketa, Mitchell
Tynanes, Sean Newcamp, Lito
Alcantra, Nathaniel Kinney, Travis
Murakami, Lance Wilhelm, Barbara
Kono and Dione Kalaola; Vacation &
Holiday Fund by its trustees Paul
Silen, Paul Sasaki, Nathaniel Kinney,
Jay Kadowaki, Roy Morioka, Kyle
Chock, Sean Newcamp, Mitchell
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
CIVIL NO. 25-00421 LEK-RT
FINDINGS AND
RECOMMENDATION TO ENTER
DEFAULT JUDGMENT AND
AWARD DAMAGES AGAINST
CENTRAL CONSTRUCTION, INC.
Hearing Date: December 11, 2025
Time: 11:00 a.m.
Judge: The Honorable Rom Trader
No Trial Date Set.
Case 1:25-cv-00421-LEK-RT Document 15 Filed 12/12/25 Page 1 of 9
PageID.<pageID>

2
Tynanes, Roy Shi oi, Travis
Murakami, Tom Broderick, Juan
Padasdao, Jr. and Fred Kim; Market
Recovery Program by its trustees
Thalia Choy, Alan Shintani, Justin
Izumi, Ken Kawamoto, Nathaniel
Kinney, Lance Wilhelm, Sean
Newcamp, Kyle Chock, Mitchell
Tynanes, Michael Young, Travis
Murakami; Dale Sakamoto-Yoneda
and Juan Padasdao, Jr.; Financial
Security Fund by its trustees Kenneth
Spence, Conrad Murashige, Kenneth
Sakurai, Lance Watanabe, Kyle
Chock, Ronald Taketa, Shaun
Shumizu, Sean Newcamp, Blake T.
Inouye, Nathaniel Kinney, Dione
Kalaola, Joyce Furukawa, Travis
Murakami and Juan Padasdao, Jr.;
Hawaii Carpenters New Retiree
Medical Plan by its trustees Eric
Hashizume, Ronald Taketa, Michael
Young, Kyle Chock, Blake T. Inouye,
Juan Padasdao, Jr., Conrad C.
Verdugo, Jr. and Travis Murakami;
401-K Fund by its trustees Kenneth
Spence, Conrad Murashige, Kenneth
Sakurai, Lance Watanabe, Kyle
Chock, Ronald Taketa, Blake T.
Inouye, Sean Newcamp, Nathaniel
Kinney, Shaun Shimizu, Joyce
Furukawa, Dione Kalaola, Travis
Murakami and Juan Padasdao, Jr.;
Plaintiffs,
vs.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case 1:25-cv-00421-LEK-RT Document 15 Filed 12/12/25 Page 2 of 9
PageID.<pageID>

3
CENTRAL CONSTRUCTION, INC.;
JOHN DOES 1-100; JANE DOES
1-100; DOE CORPORATIONS
1-100; DOE PARTNERSHIPS 1-100;
DOE ENTITIES 1-100; DOE
GOVERNMENTAL UNITS 1-100,
Defendants.
)
)
)
)
)
)
)
)
_____________________________________)
FINDINGS AND RECOMMENDATION TO ENTER DEFAULT
JUDGMENT AND AWARD DAMAGES AGAINST CENTRAL
CONSTRUCTION, INC.
On September 29, 2025, Trustees of the Hawaii Carpenters Trust
Funds (“HCTF” or “Trust Funds”) filed a Complaint against Central Construction,
Inc. (hereinafter “Defendant Central”).
Jurisdiction of this Court is based on 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 thereunder, and more specifically under 29 U.S.C.
Sections 185(a), 1145, and 1132(a) and (t).
Service of the Complaint and Summons was effected upon Defendant
Central on October 4, 2025 through Patrick Borge, Defendant Central’s Vice
President. Upon service of the Complaint and Summons, Defendant Central failed
to answer, or otherwise plead, and such time to answer or otherwise plead has
Case 1:25-cv-00421-LEK-RT Document 15 Filed 12/12/25 Page 3 of 9
PageID.<pageID>

4
expired. Thereafter, HCTF requested that default be entered against Defendant
Central, and on October 29, 2025, the Clerk of the Court made an Entry of Default
of Defendant Central.
On November 3, 2025, HCTF filed a motion for default judgment
against Defendant Central in the amount of $120,692.01 for contributions,
liquidated damages, and interest owed to HCTF.
HCTF also requested their attorneys’ fees and costs incurred in
pursuing this action in the reasonable amount of $1,904.61. Further, HCTF expect
to incur an additional amount of attorneys’ fees totaling $750.00, plus general
excise tax of $35.34 for a total of $785.34 for the attendance at the hearing of this
motion, and finalization of the order and judgment thereafter. Accordingly, HCTF
requested attorneys’ fees and costs in the amount of $2,689.95.
HCTF’ Motion for Default Judgment by Court came on for hearing on
December 11, 2025 before the undersigned United States Magistrate Judge, due
notice of said hearing having been provided to Defendant Central. Jeffrey P.
Miller telephonically appeared on behalf of the HCTF. Defendant Central failed to
appear by telephone and failed to otherwise respond to the HCTF’ Motion for
Default Judgment.
Case 1:25-cv-00421-LEK-RT Document 15 Filed 12/12/25 Page 4 of 9
PageID.<pageID>

5
FINDINGS
Having reviewed the Trust Funds’ Motion for Default Judgment, the
attached declaration of Jeffrey P. Miller, the attached declaration of Sarah
Kobayashi, and the exhibits thereto, and the record established in this action, this
Court finds as follows:
1. 	At all times material herein, each of the above-named HCTF
was, and now is, an employee benefit plan organized and existing under the laws
of the United States and whose principal offices are in the City and County of
Honolulu, State of Hawaii. At all times herein mentioned, each of the
above-named Trust Funds was, and now is, an express trust created by a written
trust agreement subject to and pursuant to Section 302 of the Labor-Management
Relations Act (29 U.S.C. §§ 186) and a multiemployer employee benefit plan
within the meaning of the Employee Retirement Income Security Act (29 U.S.C. §
1002).
2. 	Defendant Central is a signatory to the Collective Bargaining
Agreement (“CBA”) with the Hawaii Regional Council of Carpenters. Pursuant to
the CBA, each month Defendant Central is required to submit to the HCTF’s office
a report detailing the number of hours each of its employees worked on a union
jobsite for the previous calendar month. The report details the hourly benefit rate
Case 1:25-cv-00421-LEK-RT Document 15 Filed 12/12/25 Page 5 of 9
PageID.<pageID>

6
for each of the trust funds for each employee, based on the employee’s
classification, and calculates the amount of contributions owed under the CBA
based on the classification of the employee and the number of hours worked. The
employer is required to submit the reported hours and calculated contributions to
the HCTF no later than the twenty fifth day of the month following the work
performed in the prior calendar month. Defendant Central is also obligated to
HCTF to permit audits and allow inspection of its payroll and other records to
confirm the amounts owed pursuant to the CBA.
3. 	Despite repeated requests by HCTF, Defendant Central has
failed to, and continues to fail to, pay all contributions, liquidated damages, and
interest owed pursuant to the CBA.
4. 	The Complaint seeks payment of contributions, liquidated
damages, and interest which Defendant Central was required to make pursuant to
the CBA. Based on HCTF’ report dated September 26, 2025, there is now known
to be due, owing and unpaid to HCTF from Defendant Central, contributions, lost
earnings, and liquidated damages as follows as of September 26, 2025:
Contributions 	$90,435.18
Liquidated Damages 	$25,953.18
12% Fund Interest 	$4,210.57
401k Lost Earnings Interest 	$93.08
Total 	$120,692.01
Case 1:25-cv-00421-LEK-RT Document 15 Filed 12/12/25 Page 6 of 9
PageID.<pageID>

7
5. 	Defendant Central’s obligations to HCTF to pay trust fund
contributions are continuing obligations and Defendant Central may accrue and
owe additional trust fund contributions and liquidated damages up to the time of
trial or proof.
6. 	Under the terms of the CBA and 29 U.S.C. § 1132(g)(2)(D),
Defendant Central further promised that if it became necessary for HCTF to take
legal action to enforce payment of contributions, liquidated damages, and interest
pursuant to the terms of the CBA from Defendant Central, Defendant Central
would be obligated pay all of HCTF court costs, collection costs, and reasonable
attorneys’ fees.
7. 	Defendant Central breached the CBA by its continuous failure
to pay and transmit employee benefit trust fund contributions to the Trust Funds.
8. 	HCTF are not barred or precluded from later seeking all
amounts owed for contributions, liquidated damages and interest which may
subsequently be discovered through audits or otherwise, arising from work
performed by Defendant Central’s employees both before and after September 26,
2025.
9. 	As fiduciaries, HCTF have standing under 29 U.S.C. §
1132(a)(3) and § 1145 to bring this action in this court to seek redress for
Case 1:25-cv-00421-LEK-RT Document 15 Filed 12/12/25 Page 7 of 9
PageID.<pageID>

8
violations of terms of the plan and to enforce the terms of the plan by obtaining
appropriate relief from this court. Section 502(e) of ERISA grants exclusive
jurisdiction to the district courts to hear “civil actions under this subchapter
brought by the Secretary [of Labor] or by a participant, beneficiary, [or] fiduciary.”
29 U.S.C. § 1132(e)(I).
10. 	The Court has considered the application of the factors for
evaluating whether default judgment is appropriate as set forth in Eitel v. McCool,
782 F.2d 1470, 1472 (9th Cir. 1986). Evaluating all of the Eitel factors, default
judgment against Defendant Central is appropriate.
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. §§ 1132 and 1145.
12. 	This Court reviewed the billing records of HCTF’ counsel and
the declarations attached to HCTF’ motion. Upon said review, this Court finds the
attorneys’ fees and costs in the amount of $2,689.95 to be reasonable, necessarily
incurred, and directly related to the services provided herein.
RECOMMENDATIONS
In accordance with the foregoing, this Court FINDS AND
RECOMMENDS that Default Judgment in favor of Plaintiffs HCTF and against
Case 1:25-cv-00421-LEK-RT Document 15 Filed 12/12/25 Page 8 of 9
PageID.<pageID>

9
Defendant Central Construction, Inc. be entered against Central Construction, Inc.
for contributions in the sum of $120,692.01, inclusive of liquidated damages, 12%
interest, 401(k) Lost Earnings Interest, and attorneys’ fees and costs in the amount
of $2,689.95, without prejudice to the Trust Funds to seek other and further
damages from the Defendant arising from unaudited hours worked by Defendant’s
employees both before and after September 26, 2025, for a total default judgment
in the amount of $123,381.96.
This Court FURTHER FINDS AND RECOMMENDS that once
these Findings and Recommendations are filed, Plaintiffs HCTF shall serve
Defendant Central by mail with a copy of the filed Findings and
Recommendations.
IT IS SO FOUND AND RECOMMENDED.
DATED: Honolulu, Hawaii, December 12, 2025.
__________________________________________________________________
Hawaii Carpenters Trust Funds vs. Central Construction, Inc.; Civil No. 25-00421 LEK-RT,
U.S.D.C.; FINDINGS AND RECOMMENDATION TO ENTER DEFAULT JUDGMENT AND
AWARD DAMAGES AGAINST CENTRAL CONSTRUCTION, INC.
Case 1:25-cv-00421-LEK-RT Document 15 Filed 12/12/25 Page 9 of 9
PageID.<pageID>