TRUSTEES OF THE NEW JERSEY B.A.C. HEALTH FUND et al v. THURSTON F. RHODES, INC.

Filing 20

ORDER and Judgment granting in part and denying in part 14 Motion for Default Judgment; judgment shall be entered in favor of Plaintiffs and against Defendant in the amount of $9,317.93. Signed by Judge Renee Marie Bumb on 8/9/2017. (tf, )

[Docket No. 14]
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE

TRUSTEES OF THE NEW JERSEY
B.A.C. HEALTH FUND, et al.,
Plaintiff(s),

Civil No. 16-892 (RMB/AMD)
ORDER AND JUDGMENT

v.
THURSTON F. RHODES, INC. d/b/a
J & M CONCRETE & GENERAL
CONTRACTING,
Defendant.

THIS MATTER having come before the Court upon the renewed
Motion for Default Judgment [Docket No. 14] by Plaintiffs
Trustees of the New Jersey B.A.C. Health Fund, Trustees of the
New Jersey B.A.C. Annuity Fund, Trustees of the B.A.C. Local 5
Pension Fund, Trustees of the New Jersey BM&P Apprentice and
Education Fund, Trustees of the Bricklayers & Trowel Trades
International Pension Fund, Trustees of the International
Masonry Institute, and Richard Tolson, as Administrator of B.A.C
Administrative District Council of New Jersey (the
“Plaintiffs”), seeking the entry of default judgment against
Defendant Thurston F. Rhodes, Inc. d/b/a J & M Concrete &
General Contracting (the “Defendant”), pursuant to Federal Rule
of Civil Procedure 55(b)(2); and the Court having reviewed the

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Plaintiffs’ submissions; and the Court having received no
opposition to the motion; and for the reasons set forth in the
accompanying Opinion issued on this date;
IT IS HEREBY, on this 9th day of August 2017,
ORDERED that Plaintiffs’ Motion for Default Judgment
[Docket No. 14] is GRANTED, in part, and DENIED, in part,
consistent with the accompanying Opinion issued on this date;
and it is further
ORDERED that judgment shall be entered in favor of
Plaintiffs and against Defendant in the amount of $9,317.93,
representing (1) $5,593.15 in unpaid contributions; (2) $948.31
in interest thereon; (3) $1,118.63 in liquidated damages;
(4) $607.50 in dues check-offs; (5) $441.00 in paralegal fees;
and (6) $609.34 in litigation costs; plus interest incurred from
February 7, 2017 through the entry of this Order and Judgment;
and it is further
ORDERED that Plaintiffs’ request for attorneys’ fees is
DENIED WITHOUT PREJUDICE; and it is further
ORDERED that, on or before September 8, 2017, Plaintiffs
shall submit a letter to the Court, not to exceed three (3)
double-spaced pages, explaining the reasonableness of the
attorneys’ fees incurred, in light of the nature of the case and
services rendered, or an amended timesheet and request for
attorneys’ fees, representing only attorneys’ fees reasonably

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incurred, which the Court will consider in awarding Plaintiffs
reasonable attorneys’ fees.

In the event Plaintiffs do not

timely respond to this Order, the Court shall direct the Clerk
of the Court to close the file in this matter.

s/Renée Marie Bumb
RENÉE MARIE BUMB
UNITED STATES DISTRICT JUDGE

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