Local 2, International Brotherhood of Electrical Workers, AFL-CIO v. Resource Electrical Systems, Inc. et al

Filing 12

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs motion for default judgment [Doc. # 10 ] is denied. IT IS FURTHER ORDERED that plaintiff shall have until November 12, 2013 to submit an amended motion for default judgment. If no amended motion is filed by this deadline, this action will be dismissed without further notice to plaintiff. Signed by District Judge Carol E. Jackson on 10/29/13. (KJS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
LOCAL 2, INTERNATIONAL
BROTHERHOOD OF ELECTRICAL
WORKERS, AFL-CIO,

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Plaintiff,
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vs.
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RESOURCE ELECTRICAL SYSTEMS, INC., )
et al.,
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Defendants.
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Case No. 4:13-CV-1299 (CEJ)

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion for default judgment against
defendants Resource Electrical Systems, Inc. (RES) and Sherman Lydell McCoy d/b/a
Resource Electrical Systems, pursuant to Rule 55(b)(2) of the Federal Rules of Civil
Procedure.
The Court’s record reveals that this action was filed on July 10, 2013. The
summons and a copy of the complaint were served on defendant RES on July 15, 2013
and on defendant McCoy on July 22, 2013. Defendants failed to file an answer or
responsive pleading. Upon plaintiff’s motion, the Clerk of Court entered default against
defendants on October 1, 2013. The plaintiff filed the instant motion for entry of
default judgment on October 15, 2013. Defendants have not filed a response to the
motion and the time for doing so has expired.
Plaintiff, a labor organization, brings this action to enforce a March 28, 2013
arbitration award against RES, an electrical contractor, and its owner and director Mr.
McCoy. The complaint alleges that all parties to this action are bound by a collective
bargaining agreement that includes provisions regarding the payment of wages,
employee benefits, and a grievance-arbitration procedure. Plaintiff claims that on May

4, 2012, plaintiff filed a grievance against defendant RES for the benefit of a union
employee, Terrell Crockett, alleging that RES “sent Mr. Crockett home and brought in
an employee represented by another local union to do the work Mr. Crockett was doing
contrary to an agreement on the project to work composite crews.” [Doc. #1, ¶ 15].
The complaint alleges that the Labor Management Committee awarded Mr. Crockett
three days of wages, in the amount of $872.64, and fringe benefits, in the amount of
$508.29, which defendants have failed to pay.
Pursuant to Fed. R. Civ. P. 55, default judgment is appropriate when “a party
against whom a judgment for affirmative relief is sought has failed to plead or
otherwise defend as provided by these rules and that fact is made to appear by
affidavit or otherwise.” By virtue of the default entered against it, defendant is deemed
to have admitted all well-pleaded factual allegations in the complaint. See Taylor v.
Ballwin, 859 F.2d 1330, 1333 (8th Cir. 1988). Thus, for the purposes of this action, it
is established that defendants breached the collective bargaining agreement by failing
to pay the award issued by the Labor Management Committee.
However, plaintiff has not sufficiently established that defendants owe the
alleged amounts of $872.64 and $508.29. Allegations relating to the amount of
damages must be proven by the plaintiff. Everyday Learning Corp. v. Larson, 242 F.3d
815, 818 (8th Cir. 2001); see also Fed.R.Civ.P. 8(b)(6) (emphasis added) (“An
allegation–other than one relating to the amount of damages–is admitted if a
responsive pleading is required and the allegation is not denied.”). A plaintiff can
satisfy this requirement by submitting an affidavit of damages in support of the motion
for default judgment. See e.g. CSX Transportation, Inc. v. Jeffco Leasing Company,
Inc., Case No. 4:13-CV-849 (E.D. Mo. Sept. 6, 2013); Faith Satellite Radio, LLC v.

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Lutheran Church Missouri Synod, Case No. 4:11-CV-73 (E.D. Mo. Feb. 12, 2013). The
plaintiff here did not file an affidavit of damages. Furthermore, the award issued by the
Labor Management Committee, which is attached to the complaint, does not state any
specific dollar amounts. The award generally states that Mr. Crockett is entitled to
three days of wages plus fringe benefits. [Doc. #1-1]. Thus, the Court is unable to
enter a judgment of default in favor of plaintiff.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for default judgment [Doc.
#10] is denied.
IT IS FURTHER ORDERED that plaintiff shall have until November 12, 2013
to submit an amended motion for default judgment. If no amended motion is filed
by this deadline, this action will be dismissed without further notice to
plaintiff.

___________________________
CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
Dated this 29th day of October, 2013.

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