TRUSTEES OF THE NEW JERSEY B.A.C. HEALTH FUND et al v. JIM PETERSON CONSTRUCTION

Filing 10

ORDER denying 5 Motion for Default Judgment; ORDERED that within 30 days, Plaintiff shall either file an Amended Complaint reflecting the higher amount of dues check-offs sought, or file a second motion for default judgment, etc. Signed by Judge Noel L. Hillman on 5/2/2017. (dmr)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JEREY TRUSTEES OF THE NEW JERSEY B.A.C. HEALTH FUND, et al., Civil No. 16-5097 (NLM/KMW) Plaintiffs, v. ORDER JIM PETERSON CONSTRUCTION, Defendant. THIS MATTER comes before the Court on Plaintiff’s Motion for Default Judgment [Docket #5], and: WHEREAS this is an ERISA suit to recover allegedly delinquent contributions to various funds pursuant to a collective bargaining agreement between Plaintiffs and Defendant; and WHEREAS the Complaint seeks allegedly delinquent “dues checkoffs” in the amount of $133.35, however Plaintiffs’ papers in support of their Motion for Default Judgment seek dues check-offs in the amount of $210.83; and WHEREAS the Court cannot grant default judgment in a sum greater than that which is sought in the Complaint; ACCORDINGLY, it is on this 4th day of May, 2017, ORDERED that: Plaintiff’s Motion for Default Judgment [Docket #5], shall be, and the same hereby is, DENIED; and it is further 1 ORDERED that within 30 days of the date of this Order, Plaintiffs shall either file an Amended Complaint reflecting the higher amount of dues check-offs sought, or file a second motion for default judgment conforming to the allegations of the original Complaint. At Camden, New Jersey __s/ Noel L. Hillman_____ Noel L. Hillman, U.S.D.J. 2

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