Elawyers Elawyers
Ohio| Change

IBEW Local 400 Welfare, Pension, Annuity, Supplemental, and Joint Apprenticeship Training Funds v. A.J. Giannattasio Electrical Contractors, Inc., 15-7637 (MLC). (2016)

Court: District Court, D. New Jersey Number: infdco20160406b60 Visitors: 5
Filed: Apr. 05, 2016
Latest Update: Apr. 05, 2016
Summary: MEMORANDUM OPINION MARY L. COOPER , District Judge . THE PLAINTIFFS allege that the defendant employer has failed to remit certain required contributions in violation of the Employee Retirement Income Security Act. ( See dkt. 1.) THE CLERK OF THE COURT has entered default in favor of the plaintiffs and against the defendant in accordance with Federal Rule of Civil Procedure ("Rule") 55(a). ( See entry following dkt. 5.) THE PLAINTIFFS now move pursuant to Rule 55(b)(2) for the entry
More

MEMORANDUM OPINION

THE PLAINTIFFS allege that the defendant employer has failed to remit certain required contributions in violation of the Employee Retirement Income Security Act. (See dkt. 1.)

THE CLERK OF THE COURT has entered default in favor of the plaintiffs and against the defendant in accordance with Federal Rule of Civil Procedure ("Rule") 55(a). (See entry following dkt. 5.)

THE PLAINTIFFS now move pursuant to Rule 55(b)(2) for the entry of default judgment against the defendant. (See dkt. 6.) The plaintiffs have submitted proof of damages in support of the motion. (See generally id.)

THE DEFENDANT has not opposed the motion, even though the return date has elapsed. The Court's independent review of the relevant Westlaw databases reveals that the defendant does not have a pending petition for bankruptcy protection, and thus the defendant could have responded to the motion.

THE COURT will decide the motion without oral argument. See L.Civ.R. 78.1(b). The Court will grant the motion, because the Court's review of the supporting papers reveals that the plaintiffs have demonstrated entitlement to relief.

THE COURT notes that the defendant has an available avenue to contest the entry of default judgment, if appropriate. See Fed.R.Civ.P. 55(c) (stating court "may set aside a final default judgment under Rule 60(b)"); see also Fed.R.Civ.P. 60(b) (setting forth grounds for relief from final judgment). For good cause appearing, the Court will issue an appropriate order and judgment.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer