Benitez v. Masco Contractors Inc. et al

Filing 25

MEMORANDUM OPINION. Signed by Judge Catherine C. Blake on 5/9/2022. (kb3s, Deputy Clerk)

Case 1:21-cv-00259-CCB Document 25 Filed 05/09/22 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

JOSE BENITEZ

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V.

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Civil No. 1:21-cv-0259-CCB

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MASCO CONTRACTORS INC., et al.

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t

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MEMORANDUM

Pending before the court is a motion to set aside default judgment brought by defendants
MASCO Contractors, Inc.("MASCO")and James Stadler. The matter has been fully briefed and
no oral argument is necessary. See Local Rule 105(6)(D. Md. 2021). For the reasons discussed
herein, the motion will be granted.

BACKGROUND

On February 1, 2021, Jose Benitez filed a complaint for unpaid or delayed wages and
overtime for his installation work on the Rosemont/Dukeland housing complex project site in
Baltimore that he completed for MASCO and Stadler between June 17 and September 17, 2019.

(ECF 1, Compl.

19, 24, 27). Over the course of several months, Mr. Benitez attempted to serve

the defendants at MASCO's principal office in Baltimore, Maryland, a location MASCO

registered with the Maryland State Department of Assessments and Taxation; Stadler's personal
residence in Kingsville, Maryland; and two locations in Florida where Mr. Benitez had reason to
believe Stadler might be located.(ECF 7-1, Mot. for Alt. Serv., at 2-3). After these unsuccessful
attempts, the court granted Mr. Benitez' motion for alternative service by mail complete upon
delivery as to Mr. Stadler.(ECF 8, Order for Alternative Service). Alternative service was obtained

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