SAMBADE et al v. BARBERI CONSTRUCTION LLC et al

Filing 47

ORDER granting 43 Second MOTION for Default Judgment as to Antonio Barberi by DAL DEVELOPMENT LLC, AVELINO SAMBADE; and Granting 44 Second MOTION for Default Judgment as to Barberi Construction/ d/b/a Graziella Tile by DAL DEVELOPMENT LLC, AVEL INO SAMBADE, and that Judgment will be entered in favor and against Defendants Antonio Barberi and Barberi Construction LLC, d/b/a Graziella Tile Imports, in the amount of $450,000. a separate judgment will be entered.. Signed by Judge Kevin McNulty on 12/16/2016. (JB, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

AVELINO SAMBADE, 151 AVENUE C
DEVELOPMENT LLC, and DAL
DEVELOPMENT LLC,
Plaintiffs,

Civ. No. 11-7589 (KM)

ORDER

V.

BARBERI CONSTRUCTION LLC,
ANTONIO BARBERI, PETER RINALDI,
and JOHN DOES 1-10,
Defendants.

IT APPEARING that the plaintiffs filed the complaint in this matter on
December 29, 2011 (ECF no. 1), and that defendants Antonio Barberi and
Barberi Construction LLC were duly served, but did not answer or otherwise
move in response; and
IT FURTHER APPEARING that the Clerk entered default as to defendants
Antonio Barberi and Barberi Construction LLC (ECF nos. 12, 13); and
IT FURTHER APPEARING that the plaintiffs filed initial motions for
default judgment as to defendants Antonio Barberi and Barberi Construction
LLC (ECF nos. 14, 15), which were administratively terminated; and
IT FURTHER APPEARING that, after the Court granted summary
judgment against codefendant Peter Rinaldi, the plaintiffs filed renewed
motions for default judgment against defendants Antonio Barberi and Barberi
Construction LLC (ECF nos. 43, 44); and
IT FURTHER APPEARING that defendants Antonio Barberi and Barberi
Construction LLC have not appeared or otherwise participated in this litigation,
and have filed nothing in response to the motion for default judgment; and

IT FURTHER APPEARING that, for the reasons expressed in the opinion
and order (ECF nos. 39, 40) granting summary judgment against codefendant
Peter Rinaldi, the complaint states tort claims as to which no meritorious
defense is evident; that plaintiffs have been prejudiced by the defendants’
failure to participate in this action; and that nothing in the record suggests
that Antonio Barberi and Barberi Construction LLC are not culpable for that
failure to participate, see Doug Brady, Inc. v. N.J. Bldg. Laborers Statewide
Funds, 250 F.R.D. 171, 177 (D.N.J. 2008) (citing Emcasco Ins. Co. v. Sambrick,
834 F.2d 71, 74 (3d Cir. 1987)); and
IT FURTHER APPEARING that the Court, following its award of summary
judgment against codefendant Peter Rinaldi, reviewed plaintiffs’ unopposed
submission as to damages (ECF no. 45) and awarded reasonable damages in
the amount of $450,000, for the reasons expressed in an order which was
signed today and is filed herewith; and
IT FURTHER APPEARING that the same quantum of damages would be
reasonable as against defendants Antonio Barberi and Barberi Construction
LLC, jointly and severally with each other and with defendant Peter Rinaldi;
IT IS this 16th day of December, 2016,
ORDERED that the motions for default judgment (ECF nos. 43, 44) are
GRANTED, and that judgment will be entered in favor of plaintiffs and against
defendants Antonio Barberi and Barberi Construction LLC, d/b/a Graziella Tile
Imports, in the amount of $450,000.
A separate judgment will be entered.

ON. KEVIN MCNULTY, U.)J.

2