BRICKLAYERS AND ALLIED CRAFT WORKERS ADMINISTRATIVE DISTRICT COUNCIL OF NEW JERSEY AND ITS LOCAL NO. 5 et al v. BLUE RIDGE CONSTRUCTION CORP. et al
ORDER & JUDGMENT granting 12 Motion for Default Judgment in the sum of $94,158.15 in favor of pltfs. Bricklayers and Allied Craft Workers Administrative District Council of New Jersey and its Local No. 5 and against defts. Blue Ridge Construction Corp. & Robert Mancini ***CIVIL CASE TERMINATED. Signed by Judge Claire C. Cecchi on 6/13/2014. (nr, )
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
BRICKLAYERS AND ALLIED CRAFT
WORKERS ADMINISTRATIVE DISTRICT
COUNCIL OF NEW JERSEY AND ITS LOCAL
NO.5, et a/s.
Civ, No, 2:13-3429 (CCC)
ORDER & JUDGMENT
BLUE RIDGE CONSTRUCTION CORP., et a/s.
THIS MATTER comes before the Court on Plaintiff’s motion for default judgment
against Defendants Blue Ridge Construction and Robert Mancini pursuant to Federal Rule
of Civil Procedure 55(b)(2). Plaintiff served the Complaint on Defendants on August 27,
2013. [ECF No. 1]. The time for Defendants to answer or otherwise respond to the
Complaint expired. See Fed. R. Civ. P. 12(a). To date, Defendants have failed to answer
or otherwise respond to the Complaint. Pursuant to Federal Rule of Civil Procedure 5 5(a),
the Clerk entered a Default against Defendants on December 20, 2013. Plaintiff served
Defendants with notice of this motion and filed the instant motion for default judgment on
December 30, 2013 [ECF No, 12]. No opposition has been filed,
“Before imposing the extreme sanction of default, district courts must make explicit
factual findings as to: (1) whether the party subject to default has a meritorious defense,
(2) the prejudice suffered by the party seeking default, and (3) the culpability of the party
subject to default.” Doug Brady Inc. v. Ni 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.
In this case, the Court finds that the facts set forth in the Complaint, the motion, and
the attached exhibits merit entry of a default judgment. First, the Court finds that there is
no basis for Defendants to claim a meritorious defense, as Plaintiff provided ample
evidence that Defendants breached the Collective Bargaining Agreement with Plaintiff and
failed to remit delinquent contributions as ordered by the Bricklayers and Allied
Craftworkers Administrative District Council and its Local 2 and 5 and all Fringe Benefit
Joint Arbitration Board. See Teamsters Health & Wefare Fund of Phila. &
Vicinity v. Dubin Paper Co., Civ. No. 11-7137, 2012 WL 3018062, at *3 (D.N.J. July 24,
2012). Second, it is clear that Plaintiff has been prejudiced by Defendants’ failure to
answer because Plaintiff has incurred additional costs, has been unable to move forward
with the case, and has been delayed in receiving relief. See Malik v. Hannah, 661 F. Supp.
2d 485, 490-91 (D,N,J. 2009). Third. where, as here, Defendants have failed to respond,
there is a presumption of culpability. See Teamsters Pension Fund of Phi/a. & Vicinity v.
4m Helper Inc No 11-624 2011 U S Dist LEXIS 115142 at10(DNJ Oct 5 2011)
The Court further finds that Plaintiff has submitted sufficient evidence to support
its request for damages pursuant to Federal Rule of Civil Procedure 55(b), and has
submitted a reasonable request for attorneys’ fees and costs in accordance with Local Civil
Rules 54.1 and 54.2.
For the foregoing reasons and for good cause shown;
day of June 2014, hereby,
ORDERED that final judgment is entered in favor of Plaintiff and against
Defendants, in the total amount of $94,158.15 comprised of the following:
(1) $29,844 in unpaid benefits;
(2) $10,683.08 in interest (per delinquency policy calculated at 10%
per annum from due date);
(3) $5,968.82 in liquidated damages;
(4) $45,480 in unpaid wages.
(5) 2,182.25 in attorneys’ fees and costs.
CLAIRE C. CECCHI, U.S.D.J.
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