INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES DISTRICT COUNCIL 711 HEALTH & WELFARE, VACATION et al v. VILLAGE GLASS, INC.

Filing 16

ORDER granting 13 Motion for Default Judgment ***CIVIL CASE TERMINATED; that judgment is entered in favor of Pltfs. INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES DISTRICT COUNCIL 711 HEALTH & WELFARE, VACATION, FINISHING TRADES INSTITUTE FUNDS, HARRY J. HARCHETTS against Deft. VILLAGE GLASS, INC. in the total amount of $10,494.60 includes interest, attorney's fees, etc., Signed by Judge Esther Salas on 4/17/12. (dc, ) Modified on 4/17/2012 (dc).

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
NOT FOR PUBLICATION

INTERNATIONAL UNION OF
PAINTERS AND ALLIED TRADES
DISTRICT COUNCIL 711 HEALTH &
WELFARE, VACATION AND
FINISHING TRADES INSTITUTE
FUNDS, ET AL.
Plaintiffs,
v.
VILLAGE GLASS, INC.
Defendant.

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Civil Action No. 11-1023 (ES)
ORDER

SALAS, DISTRICT JUDGE

This matter having come before the Court on Plaintiffs’ motion for default judgment
(Docket Entry No. 13) pursuant to Federal Rule of Civil Procedure 55(b)(2), and the Court
having considered Plaintiffs’ submissions, and it appearing that:
1.

Plaintiffs commenced this cause of action on February 23, 2011. (See Docket Entry
No. 1).

2. Service of a copy of the Summons and Complaint was effectuated upon Defendant

Village Glass, Inc. on July 12, 2011. (See Docket Entry No. 8).
3. The time for answering the Complaint has expired and Defendant has not been

granted an extension of time within which to answer and has failed to interpose an
answer or otherwise respond to the Complaint.
4. Plaintiffs requested the Clerk enter default on January 24, 2012. (See Docket Entry

No. 11).
5. The Clerk entered Default on January 26, 2012 against Defendant for having failed to

plead or otherwise defend this action. (See Docket Entry No. 12).

6. Plaintiffs have provided Defendant with notice of the motion for default judgment

and related documentation. (See Docket Entry No. 13).
7. To date, Defendant has not opposed Plaintiffs’ motion for default judgment.

Accordingly, IT IS on this 17th day of April, 2012,
ORDERED that judgment is hereby entered against Village Glass, Inc. in favor of the
Plaintiffs in the total amount of $10,494.60 comprised of the following amounts:
(a) $5,895.65 in contributions, (Docket Entry 13-1, Affidavit in Support of Notice of
Motion for Default Judgment, “Vitale Aff.,” ¶ 7, Ex. E);
(b) $1,616.00 in liquidated damages, (Docket Entry 15, Certification of Lark N. Bedrick,
Esquire, “Bedrick Cert.,” ¶ 3, Vitale Aff., Ex B, Provision(A)(5), (B)(3) and (E)(2));
(c) $1,616.00 in penalties plus interest, (Vitale Aff. ¶ 8, Ex. F);
(d) $1,366.95 in attorney’s fees (Vitale Aff. ¶¶ 13 - 15, Ex. G, Bedrick Cert. ¶ 2); and it is
further
ORDERED that the Clerk shall mark this matter closed.  
s/Esther Salas
x
Esther Salas, U.S.D.J.