U.A. LOCAL 322 PENSION FUND et al v. DIRECT AIR L.L.C.

Filing 8

ORDER granting 6 Motion for Default Judgment in favor of Plaintiffs against Defendant Direct Air LLC in the amount of $10,498.73 etc. Signed by Judge Jerome B. Simandle on 11/21/2017. (dmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
U.A. LOCAL 322 PENSION FUND,
NO. 322 PENSION FUND, et al.
Plaintiffs,
v.
DIRECT AIR LLC,
d/b/a Direct Air, LLC
d/b/a Direct Air Heating &
Cooling,
Defendant.

HONORABLE JEROME B. SIMANDLE

Civil Action
No. 16-3757 (JBS/KMW)
ORDER FOR DEFAULT JUDGMENT

Upon consideration of the Complaint and Motion for Entry of
Judgment by Default of the Plaintiffs, U.A. Local 322 Pension
Fund, U.A. Local 322 Health and Welfare Fund, U.A. Local 322
Annuity Fund, U.A. Local 322 Education Fund, Local 322 of the
United Association of Journeyman and Apprentices of the Plumbing
and Pipe Fitting Industry of the United States and Canada, AFLCIO, U.A. Local 322 Political Action Committee, Kurt R. Krueger,
Jr., South Jersey Mechanical Contractors Association Industry
Fund and Dan Falasca, Jr. (collectively, “Plaintiffs”), it
appears to the Court that Defendant, Direct Air L.L.C. d/b/a
Direct Air, LLC d/b/a Direct Air Heating & Cooling (“Defendant”)
was served process on August 17, 2016 and has knowingly and
willfully failed to appear, plead or otherwise defend, and the
default against said Defendant having been entered;

IT IS this

21st

day of

November

, 2017, hereby

ORDERED:
1. Judgment is entered against Defendant, and in favor of each
listed Plaintiff in the amount of $10,498.73 which includes
the following:
a. $963.83 in liquidated damages and interest assessed
on contributions for June and July 2015 paid beyond
the due date but before the filing of the complaint;
and
b. $3,646.46 in liquidated damages and interest
assessed on contributions paid beyond the due date
for the months of July 2016 through November 2016
but paid after the filing of the complaint; and
c. $5,888.44 in attorneys’ fees and costs incurred in
the collection of these sums due through March 27,
2017.
2. Defendant shall pay to the Plaintiffs any additional
reasonable attorneys’ fees and costs incurred in connection
with this case on and after March 27, 2017 including,
without limitation, those incurred to enforce and
collection this judgment. If further action by the
Plaintiffs is required, they may apply to this Court or to
the Court in which the enforcement is sought for further

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reasonable attorneys’ fees and costs in addition to those
set out in ¶ 1 above.
3. If Defendant fails to comply with any of the terms of this
Order, Plaintiffs may, in addition to pursuing the remedies
provided under Federal Rule of Civil Procedure 69, reopen
this case upon motion to this Court and notice to
Defendant, and may at that time ask for further appropriate
monetary and/or injunctive relief, including a motion for
contempt of court;
4. Because of Defendant’s persistent failure to meet its
reporting and payment obligations to the Plaintiffs under
the terms of the collective bargaining agreements, the
Plaintiffs’ Agreements and Declarations of Trust and 29
U.S.C. § 1145, Defendant, its officers, agents, servants,
employees, attorneys and all persons acting on its behalf
or in conjunction with them shall be and hereby are
restrained and enjoined:
a. to submit to an audit of its wage, payroll and
personnel records for all periods for which Defendant
is obligated to contribute to the Plaintiffs within
twenty (20) days of the date this Order becomes final,
and

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b. to file complete, proper and timely remittance reports
with accompanying contributions for all periods to
date (including periods with no work, which shall be
reported as such); and
c. This judgment shall not preclude collection of any
additional delinquency reported in new forms or
discovered in the audit.
5. Within a reasonable time after completion of the inspection
of the payroll books and records, Plaintiffs will file with
the Court and serve upon Defendant an itemized and verified
list of all delinquent contributions, liquidated damages,
interest, attorneys’ fees, costs and expenses. Absent
objection within five (5) business days of service upon
Defendant, the Court will enter final judgment in favor of
Plaintiffs and against Defendant, as requested in the filed
statement. In the event of an objection, the Court will
determine the need for a further hearing.
6. This Order and Judgment is enforceable, without
duplication, by one or more of the Plaintiffs, jointly and
severally, or their agents.
7. Plaintiffs shall promptly cause a copy of this Judgment to
be served upon Defendant and shall file a certificate of
such service upon this docket.

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8. The Clerk of Court, after entry of the Judgment herein,
shall close this case upon the docket. The Court maintains
jurisdiction over the enforcement of this Order and
Judgment by Default.

s/ Jerome B. Simandle
JEROME B. SIMANDLE
U.S. District Judge

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