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)

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

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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.

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