OPERATING ENGINEERS LOCAL 66, AFL-CIO AND CONSTRUCTION INDUSTRY COMBINED FUNDS, INC. v. EAST COAST PAVING & SEAL COATING, INC. et al, No. 2:2020cv01995 - Document 36 (W.D. Pa. 2021)
Court Description: OPINION re 34 Motion for Default Judgment against EAST COAST PAVING & SEAL COATING, INC., BARRY MILES by OPERATING ENGINEERS LOCAL 66, AFL-CIO AND CONSTRUCTION INDUSTRY COMBINED FUNDS, INC. The Court will grant Plaintiff OPERATING ENGINEERS LOCAL 66, AFL-CIO AND CONSTRUCTION INDUSTRY COMBINED FUNDS, INC.'s Motion for Default Judgment as more fully stated in said opinion. Signed by Judge Christy Criswell Wiegand on 9/13/2021. (jmm)
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OPERATING ENGINEERS LOCAL 66, AFL-CIO AND CONSTRUCTION INDUSTRY COM...ING & SEAL COATING, INC. et alDoc. 36 Case 2:20-cv-01995-CCW-CRE Document 36 Filed 09/13/21 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA OPERATING ENGINEERS LOCAL 66, AFL-CIO AND CONSTRUCTION INDUSTRY COMBINED FUNDS, INC., 2:20-CV-01995-CCW-CRE Plaintiff, v. EAST COAST PAVING & SEAL COATING, INC., BARBARA S. HASSON, BARRY MILES, Defendants. OPINION Before the Court is Plaintiff Operating Engineers Local 66, AFL-CIO and Construction Industry Combined Funds, Inc.’s (together “Plaintiff”) Motion for Default Judgment against Defendants East Coast Paving & Seal Coating, Inc. and Barry Miles. ECF No. 34. On December 23, 2020, Plaintiff filed the Complaint against Defendants East Coast Paving & Seal Coating, Inc. (“East Coast Paving”), Barbara Hasson, and Barry Miles. ECF No. 1. The Court affirmed Chief Magistrate Judge Eddy’s Report and Recommendation with certain modifications as to a Motion for Default Judgment against Defendant Hasson on June 10, 2021. ECF No. 24. Plaintiff served Defendants East Coast Paving & Seal Coating, Inc. and Barry Miles on July 19, 2021. ECF Nos. 30, 31. Plaintiff requested that the Clerk enter default against Defendants East Coast Paving & Seal Coating, Inc. and Barry Miles on August 17, 2021. ECF No. 32. The Clerk entered default against Defendants East Coast Paving & Seal Coating, Inc. and Barry Miles on August 18, 2021. ECF No. 33. On September 8, 2021, Plaintiff moved for default Dockets.Justia.com Case 2:20-cv-01995-CCW-CRE Document 36 Filed 09/13/21 Page 2 of 4 judgment against Defendants East Coast Paving & Seal Coating, Inc. and Barry Miles. ECF No. 34. Under Federal Rule of Civil Procedure 55(a), the clerk may enter judgment against a party where the plaintiff’s claim is for a sum certain or a sum that can be made certain by computation and the plaintiff submits an affidavit showing the amount due. Fed. R. Civ. P. 55(a). Here, Plaintiff seeks a sum certain, or a sum that can be made certain by computation, and submitted an adequate affidavit showing that they are entitled to the judgment amount of $88,331.05 for Count 1 against Defendant East Coast Paving & Seal Coating, Inc. a/k/a East Coast Paving & Sealcoating, Inc., $83,314.82 for Count II against Defendant Barry Miles and $4,945.16 for Count III against Defendant Barry Miles. ECF No 34-1. Based on the record before it, the Court grants Plaintiff’s Motion for Default Judgment as follows: Count I Principal per Paragraph 10 of Complaint $54,064.22 Interest through December 23, 2020 per Paragraph 10 of Complaint $12,137.26 Interest from December 24, 2020 through August 31, 2021 (250 days at $17.77 per day) per Paragraph 10 $4,442.50 Liquidated Damages per Paragraph 10 $1,031.57 SUBTOTAL for Count I $71,675.55 $527.00 Costs per Paragraphs 11 and 12 of Attorney Leech’s Declaration, ECF No. 35-1. 2 Case 2:20-cv-01995-CCW-CRE Document 36 Filed 09/13/21 Page 3 of 4 Attorneys’ Fees Per Paragraphs 10 and 12 of Attorney Leech’s Declaration, ECF No. 35-1. $16,128.50 TOTAL $88,331.05 Count II Principal per Paragraph 26 of the Complaint $50,279.72 Interest through December 23, 2020 per Paragraph 26 of the Complaint $11,287.65 Interest from December 24, 2020 through August 31, 2021 (250 days at $16.53 per day) per Paragraph 26 of the Complaint $4,132.58 Liquidated damages per Paragraph 26 of the Complaint $959.36 $66,659.311 SUBTOTAL for Count II $527.00 Costs per Paragraphs 11 and 12 of Attorney Leech’s Declaration, ECF No. 35-1. Attorneys’ Fees Per Paragraphs 10 and 12 of Attorney Leech’s Declaration, ECF No. 35-1. $16,128.50 TOTAL $83,314.81 Count III Principal per Paragraph 34 of the Complaint Interest through December 23, 2020 per Paragraph 36 of the Complaint 1 $3,784.50 $849.61 The Court notes a rounding error in Motion and has rectified the error. ECF No. 34 at ¶17. 3 Case 2:20-cv-01995-CCW-CRE Document 36 Filed 09/13/21 Page 4 of 4 Interest from December 24, 2020 through August 31, 2021 (250 days at $1.24 per day) per Paragraph 36 of the Complaint SUBTOTAL for Count III $311.05 $4,954.16 The Court also awards additional interest from August 31, 2021 until the date of this Opinion: (1) at the rate of 1% per month or $17.77 per day for Count I against Defendant East Coast Paving & Seal Coating, Inc. a/k/a East Coast Paving & Sealcoating, Inc.; (2) at the rate of 1% per month or $16.53 per day for Count II against Defendant Barry Miles; (3) and at the rate of 1% per month or $1.24 per day for Count III against Defendant Barry Miles. DATED this 13th day of September, 2021. BY THE COURT: /s/ Christy Criswell Wiegand CHRISTY CRISWELL WIEGAND United States District Judge cc (via ECF email notification): All Counsel of Record 4
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