BOARD OF TRUSTEES OF THE INDIANA LABORERS WELFARE FUND v. DAVIS

Filing 9

ORDER granting 8 Motion for Default Judgment as to Bryan Davis in the amount of $1,323.52 - To the extent that Plaintiff seeks attorneys' fees and costs in connection with this action, it must file a fee application by November 3, 2017 w ith supporting documentation. Once the issue of attorneys' fees and costs is resolved, or if no fee application is filed by the deadline, final judgment will issue accordingly. SEE ORDER. Signed by Judge Jane Magnus-Stinson on 10/16/2017. (JRB)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
BOARD OF TRUSTEES OF THE INDIANA
LABORERS WELFARE FUND,
Plaintiff,
vs.
BRYAN M. DAVIS,
Defendant.

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No. 2:17-cv-00364-JMS-MJD

ORDER
Presently pending before the Court is a Motion for Default Judgment on Sum Certain filed
by Plaintiff Board of Trustees of the Indiana Laborers Welfare Fund (the “Fund”). [Filing No. 8.]
Plaintiff asks this Court to enter default judgment in favor of the Fund and against Defendant Bryan
Davis in the amount of $1,323.52 plus court costs. [Filing No. 8 at 1.]
The Clerk entered default against Mr. Davis pursuant to Federal Rule of Civil Procedure
55(a) on September 18, 2017. [Filing No. 7.] Given Plaintiff’s Motion for Default Judgment on
Sum Certain and supporting evidence, the Court finds a hearing is unnecessary, and now
GRANTS the pending motion and enters DEFAULT JUDGMENT pursuant to Federal Rule of
Civil Procedure 55(b) in favor of the Fund and against Mr. Davis in the amount of $1,323.52. This
amount reflects the overpayment of benefits to Mr. Davis. [See Filing No. 1 at 2.]
To the extent that Plaintiff seeks attorneys’ fees and costs in connection with this action, it
must file a fee application by November 3, 2017 with supporting documentation. Once the issue
of attorneys’ fees and costs is resolved, or if no fee application is filed by the deadline, final
judgment will issue accordingly.

Date: 10/16/2017

Distribution via ECF only to all counsel of record
Distribution via United States Mail to:
Bryan M. Davis
2270 E. Indiana St.
Evansville, IN 47711

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