Local 2, International Brotherhood of Electrical Workers, AFL-CIO v. Resource Electrical Systems, Inc. et al
MEMORANDUM AND ORDER :IT IS HEREBY ORDERED that plaintiff's amended motion for default judgment [Doc. # 13 ] is granted. A separate judgment will be entered.. Signed by District Judge Carol E. Jackson on 11/13/13. (KKS)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
LOCAL 2, INTERNATIONAL
BROTHERHOOD OF ELECTRICAL
RESOURCE ELECTRICAL SYSTEMS, INC., )
Case No. 4:13-CV-1299 (CEJ)
MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s amended 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.
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 its motion for entry of default judgment on October 15, 2013.
The Court denied the motion for failure to sufficiently establish that defendants owed
the amounts that were alleged. The Court allowed plaintiff additional time to submit an
amended motion for default judgment, which plaintiff timely filed on October 31, 2013.
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.
Furthermore, pursuant to the affidavit of damages submitted in support of the
motion for default judgment, plaintiff has sufficiently established that the outstanding
balance is $1380.93 ($872.64 in wages plus $508.29 in employee benefit
contributions). See Pl. Ex. A, Affidavit of David Desmond; see also Everyday Learning
Corp. v. Larson, 242 F.3d 815, 818 (8th Cir. 2001) (allegations relating to the amount
of damages must be proven by the plaintiff). Therefore, plaintiff is entitled to a
judgment of default in the sum of $1380.93.
IT IS HEREBY ORDERED that plaintiff’s amended motion for default judgment
[Doc. #13] is granted.
A separate judgment will be entered.
CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
Dated this 13th day of November, 2013.
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