EINHORN v. SCOTT MARTIN LANDSCAPING

Filing 6

ORDER granting Plaintiff's 5 Motion for Default Judgment. ORDERED that a monetary judgment is hereby AWARDED to Plaintiff and against Defendant in the amount of $14,703.00. ORDERED that the Clerk is directed to CLOSE THIS FILE. Signed by Judge Joseph E. Irenas on 3/12/2015. (TH, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

WILLIAM J. EINHORN,
Administrator of Teamsters
Health & Welfare Trust Fund of
Philadelphia & Vicinity and
Teamsters Pension Trust Fund of
Philadelphia & Vicinity,
Plaintiff,

HONORABLE JOSEPH E. IRENAS
CIVIL ACTION NO. 14-5219
(JEI/KMW)
ORDER GRANTING PLAINTIFF’S
MOTION FOR ENTRY OF DEFAULT
JUDGMENT (Dkt. No. 5)

v.
SCOTT MARTIN LANDSCAPING,
Defendant.

APPEARANCES:
MARKOWITZ & RICHMAN
R. Matthew Pettigrew, Jr.
123 South Broad Street
Suite 2020
Philadelphia, PA 19109
Counsel for Plaintiff

IRENAS, Senior District Judge:
This matter having appeared before the Court upon
Plaintiff’s Motion for Entry of Default Judgment (Dkt. No. 5);
the Court having reviewed the motion; and it appearing that:
1.

Teamsters Health and Welfare Fund of Philadelphia and

Vicinity and Teamsters Pension Trust Fund of Philadelphia and
Vicinity (“the Funds”) are trust funds established within the
meaning of 29 U.S.C. § 186(c)(5), and “multiemployer plans” and
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“employee benefit plans” within the meaning of 29 U.S.C.
§§ 1002(3) and (37).
2.

Plaintiff William J. Einhorn is an administrator and

fiduciary in respect to the Funds within the meaning of 29
U.S.C. § 1002(21)(A), who is authorized to bring this action on
behalf of all Trustees of the Fund.
3.

Defendant, Scott Martin Landscaping, is a Pennsylvania

business entity with a place of business at 100 Palace Court,
Chalfont, Pennsylvania, 18914.
4.

According to the Complaint, Defendant is a signatory

to a Collective Bargaining Agreement (“the Agreement”).

Under

the terms of the Agreement, Defendant is required to make
contributions to the Funds.
5.

Plaintiff alleges that Defendant violated the

Agreement by failing to pay contributions for the years 2012 and
2013.

Plaintiff commenced this action on August 20, 2014, by

filing a Complaint and issuing a Summons.
6.

(Dkt. Nos. 1 & 2)

Defendant was served a copy of the Summons and

Complaint on August 22, 2014.

(Dkt. No. 3)

Defendant failed to

file a responsive pleading to the Complaint pursuant to the
Rules.

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7.

On September 26, 2014, Plaintiff filed a Request to

the Clerk to Enter a Default Judgment pursuant to Fed. R. Civ.
P. 55(a).

(Dkt. No. 4)

September 26, 2014.

The Clerk entered a Default on

Plaintiffs moved for judgment by default

under Fed. R. Civ. P. 55(b)(2) on October 14, 2014.
5)

(Dkt. No.

To date, Defendant has not made any attempt to contest the

Motion for Default or respond in any way to the Summons and
Complaint.
8.

Plaintiff has provided itemized statements listing all

delinquent contributions, attorney’s fees, and costs.
(Pettigrew Decl. ¶¶ 10-12, Ex. A)

According to these

statements, Plaintiff is entitled to $11,658.00 in unpaid
benefit contributions, $2,610.00 in attorney’s fees, and $435.00
in litigation costs.
9.
10.

(Id. ¶ 15)

In total, Defendant owes Plaintiff $14,703.00.
For the reasons given above, the Court will Grant

Plaintiff’s Motion for Entry of Default Judgment.

And for good

cause shown;
IT IS on this 12th day of March, 2015,
ORDERED THAT:
(1)

Plaintiff’s Motion for Entry of Default Judgment is
hereby GRANTED;

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(2)

Monetary judgment is hereby AWARDED to Plaintiff and
against Defendant in the amount of $14,703.00;

(3)

Plaintiff shall serve a copy of this Order and
accompanying Judgment on Defendant within seven (7)
days;

(4)

This Court retains jurisdiction to enforce this Order
until the expiration of one year from the date hereof
or such later date as may be ordered by the Court on
motion of any party;

(5)

The Clerk of Court is hereby directed to CLOSE THIS
FILE.

s/ Joseph E. Irenas
.
Joseph E. Irenas, S.U.S.D.J.

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