Sheet Metal Workers Health & Welfare Trust Fund v. Big D Service Co.

This is an appeal of an award of attorney’s fees pursuant to 29 U.S.C. § 1132(g)(2)(D). Plaintiffs, multiemployer benefit plans governed by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461 (the Trusts), commenced this action under 29 U.S.C. § 1145 to collect delinquent payments owed by defendant Big D Service Company (Big D) under the terms of collective bargaining agreements. The district court entered a stipulated judgment in favor of the Trusts in the amount of 114,000.1

In an attempt to collect the judgment, the Trusts served writs of garnishment on Don Kirkman…