GEORGE J. HAZEL, District Judge.
Pending before the Court is National Electrical Benefit Fund's ("NEW') and National Electrical Annuity Plan's ("NEAP") (collectively. "Plaintiffs"). Motion to Amend Judgment. ECF; No. 13. A hearing is unnecessary. Loc. R. 105.6 (D. Md. 2016). For the following reasons. Plaintiffs' Motion is granted.
In its Memorandum Opinion regarding Plaintiffs' Motion for Default Judgment, this Court found Defendant Coastal Electric & Environmental Services, Inc. liable for its failure to submit contributions to NEBF and NEAP that it was "legally and contractually obligated to make." Nat'l Elec. Benefit Fund v. Coastal Elec. & Envtl. Serns., Inc., No. GM-15-1698, 2016 WL 3221523. at *3 (D. Md. June 7, 2016).
Plaintiff NEBF was therefore awarded, in relevant part. "$5,629.74 in delinquent contributions: interest in the amount of $1,564.70: attorney's fees and costs in the amount of $2.803.57; audit fees in the amount of $292.41; and, any additional fees and costs incurred by NEBF in connection with the enforcement of a judgment: interest on all amounts awarded; and. post-judgment interest until paid." Id. at 4. Similarly, Plaintiff NEAP was awarded, in relevant part, "$28.960.28 in delinquent contributions: interest in the amount of $7,670.32; attorney's fees and costs in the amount of $2.803.57: and, any additional fees and costs incurred by [NEAP] in connection with the enforcement of a judgment: interest on all amounts awarded; and, post-judgment interest until paid." Id. Now, in their Motion to Amend Judgment, Plaintiffs request additional awards of liquidated damages in the amount of $1.125.95 for NEBF and $5,792.06 for NEAP. ECF No. 13 ¶ 8.
Rule 59(e) allows a party to file a motion to alter or amend a judgment no later than 28 days after the entry of the judgment. The Fourth Circuit has recognized three grounds on which a court may alter or amend an earlier judgment: "(1) to accommodate an intervening change in controlling law; (2) to account for new evidence not available at trial; or (3) to correct a clear error of law or prevent mans lest injustice." United States ex rel. Becker v. Westinghouse Savannah River Co., 305 F.3d 284. 290 (4th Cir. 2002) (citing Pac. Ins. Co. v. Am. Nat'l Fire Ins. Co., 148 F.3d 396, 403 (4th Cir. 1998)). Plaintiffs claim here that the Court previously made an error of law. Plaintiffs are correct.
In an action to enforce the payment of delinquent contributions under ERISA, 29 U.S.C. § 1132(g), a successful Plaintiff shall be awarded:
29 U.S.C. § 1132(g)(2). Generally speaking, the first two categories of relief are similar to damages awarded in a breach of contract case, which seek to put the injured party in "as good a position as he would have been in had the contract been performed." by awarding the Plaintiff' unpaid contributions and any interest that would have accrued on them. Restatement (Second) of Contracts § 344 cmt. a (Am. Law Inst. 1981). The third category seeks to deter the Defendant from making delinquent contributions in the future by ordering an additional award of either the interest on the unpaid contributions or liquidated damages not in excess of 20 percent, whichever amount is greater. See Vernau v. Bowen Enterprises. Inc., 648 F.Supp. 721, 724-25 (W.D. Pa. 1986)(noting both the deterrent purpose of the provision and that the elements are "phrased in the disjunctive."). In its prior opinion, the Court conflated the categories of' relief, awarding Plaintiffs only enough to put them in as good a position as they would have been in had the Defendant paid its required contributions, but failed to award the third category of additional, deterrent relics'.
Plaintiffs are therefore correct that they are owed additional damages. In both their Motion to Amend Judgment and their Amended Complaint. Plaintiffs request $1.125.95 in liquidated damages for NEBF and $5,792.06 in liquidated damages for NEAP, ECF No. 4 ¶ 34: ECF No. 13 ¶ 8. The Court notes that this is less than they would be entitled to under ERISA since the amounts of interest on the unpaid contributions for NEBF and NEAP. $1.329.90 and $6.474.80 respectively, are greater than the amounts of liquidated damages. $1.125.95 and $5.792.06, owed to each land. 29 U.S.C. § 1132(g)(2)(C). The Court assumes that Plaintiffs are requesting the lesser amounts under the belief that they were limited by the language in their trust agreements. The NEBF and NEAP trust agreements both discuss a liquidated damages award of "up to twenty percent (20%) of the amount found to be delinquent." ECF No. 9-4 at 2: ECF No. 9-6 at 2.
In accordance with the foregoing, it is hereby
The Order, ECF No. 12, is thus modified to include an additional award of liquidated damages in the amount of $1.125.95 for NEBF and $5,792.06 for NEAP.