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

Filing 10

ORDER granting 9 Motion for Default Judgment - The Court enters DEFAULT JUDGMENT pursuant to Federal Rule of Civil Procedure 55(b) in favor of the Fund and against Mr. Garrett in the amount of $2,286.07 in overpaid benefits.To the extent that the Fund seek attorneys' fees and costs in connection with this action, it must file a fee application by April 27, 2018 with supporting documentation. Once the issue of attorneys' fees and costs is resolved, or if no fee application is filed by that date, final judgment will issue accordingly. Copy sent to party listed via US Mail. Signed by Judge Jane Magnus-Stinson on 4/12/2018. (JRB)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
BOARD OF TRUSTEES OF THE INDIANA
LABORERS WELFARE FUND,
Plaintiff,
vs.
MICHAEL S. GARRETT,
Defendant.

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No. 2:18-cv-00034-JMS-DLP

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. 9.]
Plaintiff asks this Court to enter default judgment in favor of the Fund and against Defendant
Michael Garrett in the amount of $2,286.07 in overpaid benefits. [Filing No. 9 at 1; Filing No. 91.]
The Clerk entered default against Mr. Garrett pursuant to Federal Rule of Civil Procedure
55(a) on March 13, 2018. [Filing No. 8.] Given the Fund’s Motion for Default Judgment and
supporting evidence, the Court finds a hearing is unnecessary, and now GRANTS the pending
Motion. The Court enters DEFAULT JUDGMENT pursuant to Federal Rule of Civil Procedure
55(b) in favor of the Fund and against Mr. Garrett in the amount of $2,286.07 in overpaid benefits.
To the extent that the Fund seek attorneys’ fees and costs in connection with this action, it
must file a fee application by April 27, 2018 with supporting documentation. Once the issue of
attorneys’ fees and costs is resolved, or if no fee application is filed by that date, final judgment
will issue accordingly.
Date: 4/12/2018

Distribution via ECF only to all counsel of record

Distribution via United States Mail to:
Michael S. Garrett
26 Vernon Lane
Lafayette, IN 47905

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