INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES DISTRICT COUNCIL 711 HEALTH & WELFARE, VACATION AND FINISHING TRADES INSTITUTE FUNDS, ET AL v. R & S PAINTING & DECORATING, INC.
Filing
10
ORDER granting 9 Motion for Default Judgment in the sum of $33,518.88 in favor of pltf. and against the deft. R&S Painting & Decorating, Inc. ***CIVIL CASE TERMINATED. Signed by Judge Esther Salas on 4/4/2012. (nr, )
<![CDATA[
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
NOT FOR PUBLICATION
INTERNATIONAL UNION
OF PAINTERS AND ALLIED
TRADES DISTRICT COUNCIL 711
HEALTH & WELFARE, VACATION
AND FINISHING TRADES
INSTITUTE FUNDS et al.
Plaintiffs,
v.
R & S PAINTING &
DECORATING, INC.
Defendant.
.
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
Civil Action No. 11-2948 (ES)
ORDER
SALAS, DISTRICT JUDGE
This matter having come before the Court on Plaintiffs’ motion for default judgment
(Docket Entry No., “D.E.” 9) pursuant to Federal Rule of Civil Procedure 55(b)(2), and the Court
having considered Plaintiffs’ submissions, and it appearing that:
1. Plaintiffs commenced this action on May 23, 2011. (D.E. 1).
2. Service of a copy of the Summons and Complaint was effectuated upon R&S
Painting & Decorating, Inc. (“Defendant”) on June 1, 2011. (D.E. 4).
3. Defendant has failed to timely answer or otherwise respond to the Complaint.
4. Plaintiffs requested that the Clerk enter default against Defendant on July 28, 2011.
(D.E. 7).
5. The Clerk entered default against Defendant on July 29, 2011 for failure to plead or
otherwise defend this action.
6. Plaintiffs moved for default against Defendant on February 3, 2012. (D.E. 9).
1
7. Plaintiffs have provided Defendant with notice of the motion for default judgment
and related documentation. (D.E. 9-4).
8. To date, Defendant has not opposed Plaintiffs’ motion for default judgment.
Accordingly, IT IS on this 4th day of April, 2012,
ORDERED that judgment is hereby entered against Defendant in favor of the Plaintiffs
in the total amount of $33,518.88, with interest as provided by law, comprised of the following
amounts:
(a) $19,824.90 in unpaid contributions for the period of January 1, 2005 through
December 31, 2008, (D.E. 9-1, Affidavit of Donna Lee Vitale in Support of Motion
for Default Judgment, “Vitale Aff.” ¶ 6 and Ex. D);
(b) $8,184.33 in interest, (id. ¶ 7 and Ex. F);
(c) $624.72 for the cost of the audit, (id. ¶ 6-7 and Ex. E);
(d) $3,964.98 in liquidated damages, (id. ¶ 7; see D.E. 6-4, Policy for the Collection of
Delinquent Contributions ¶ E.1-3);
(e) $500.00 in attorneys’ fees, (Vitale Aff. ¶ 11 and Ex. G);
(f) $419.95 in costs, (id.); and it is further
ORDERED that the Clerk shall mark this matter closed.
s/Esther Salas
x
Esther Salas, U.S.D.J.
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
