Anderson v. Local 435 Union et al
MEMORANDUM OPINION Signed by Judge Leonard P. Stark on 3/24/2017. (lmm)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ROLAND C. ANDERSON,
: Civ. No.12-1119-LPS
LOCAL 435 UNION,
Roland C. Anderson, Wilmington, Delaware, Pro Se Plaintiff.
March 24, 2017
Plaintiff Roland C. Anderson ("Plaintiff') filed this action against Defendants United Auto
Workers Local 435 ("Local 435") and General Motors LLC ("GM") (together, "Defendants") on
September 11, 2012. (D.1. 1) The claims against GM were dismissed on September 30, 2014. (See
D.I. 27) Pending before the Court are Plaintiffs motions to execute judgment, construed as
motions for default judgment, and a motion to correct the case caption. (D.I. 50, 52, 53)
Local 435 was served with process on October 4, 2012. (D.I. 7) A Clerk's entry of default
was docketed on April 11, 2016, after Local 435 had not answered or otherwise appeared. (D.I. 44)
The. claims raised against Local 435 are virtually identical to those raised against GM. Plaintiff now
seeks default judgment on the claims raised against Local 435. (See D.I. 50, 53)
Plaintiff has filed two other lawsuits against Local 435 in this court. The first, Anderson v.
GM Local 435, Civ. No. 98-045-JJF, was filed as a civil rights action and was dismissed as frivolous
on January 22, 1998. The second, Anderson v. Genera/Motors Cop., Civ. No. 03-275-JJF, was filed on
March 12, 2003, and raised Title VII discrimination claims against GM and alleged that Local 435
failed to inform Plaintiff of GM's alleged discriminatory conduct, and also that it violated § 301 (a) of
the Labor Management Relations Act, the Americans with Disability Act, and 42 U.S.C. § 1983. On
March 29, 2004, all claims were dismissed as time-barred. See Anderson v. General Motors Cop., 2004
WL 725208 (D. Del. Mar. 29, 2004).
"The district court has the discretion to enter default judgment, although entry of default
judgments is disfavored as decisions on the merits are preferred." Animal Sci. Prods., Inc. v. China
Nat'lMetals & Minerals Imp. & Exp. Corp., 596 F. Supp. 2d 842, 847 (D.N.J. 2008). Before entering
default judgment, the Court must: (1) determine it has jurisdiction both over the subject matter and
the parties; (2) determine whether defendants have been properly served; (3) analyze the Complaint
to determine whether it sufficiently pleads a cause of action; and (4) determine whether the plaintiff
has proved damages. See Chanel, Inc. v. Gordashevsky, 558 F. Supp. 2d 532, 535-36 (D.N.J. 2008);
Wilmington Sav. Fund Soc., FSB v. Left Field Props., LLC, 2011WL2470672, at *1 (D.N.J. June 20,
2011). Although the facts pled in the Complaint are accepted as true for the purpose of determining
liability, the plaintiff must prove damages. See Comcfyne I, Inc. v. Corbin, 908 F.2d 1142, 1149 (3d Cir.
The Court concludes that it has subject matter jurisdiction over the issues raised by Plaintiff
and personal jurisdiction over Local 435, which is located in Wilmington, Delaware. Local 435 was
served pursuant to Fed. R. Civ. P. 4(e) in Delaware through an agent authorized to accept service on
its behalf. (See D.I. 6) Plaintiff alleges violations of employment discrimination laws, labor laws, tort
law, and an employee insurance policy, seeking as relief back pay, restoration of benefits, and
damages for pain and suffering.
As noted above, the claims raised against Local 435 are virtually identical to those raised
against GM - and those claims were dismissed pursuant to Fed. R. Civ. P. 12(b)(6). As with his
claims against GM, Plaintiff has failed to state claims upon which relief may be granted against Local
435, by reason of the doctrine of claim preclusion. In addition, the claims are barred by Delaware's
Workers Compensation Act and are also contradicted by exhibits attached to the Complaint. (See
D.I. 27) (Sept. 30, 2014 Order dismissing all claims against GM as barred by doctrine of claim
preclusion, Delaware's Workers Compensation Act, and contradicted by exhibits attached to
Complaint) Because the Complaint fails to state a claim upon which relief may be granted, entry of
default judgment is not appropriate. Therefore, the Court will deny Plaintiffs motions for entry of
default judgment. (D.l. 50, 53)
The Court will also deny Plaintiffs motion to correct the case caption found in the April 29,
2016 order. (D.l. 52) The caption contains the name of Local 435, but not GM's name. Plaintiff
asks the Court to include GM in the caption. There is no need to do so. At the time the order was
entered, GM had been dismissed as a defendant.
For the above reasons, the Court will: (1) deny Plaintiffs motions (D.l. 50, 52, 53); and
(2) dismiss the action without prejudice. An appropriate Order will be entered.
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