BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 5 OF NEW JERSEY PENSION & ANNUITY FUNDS v. TOLSON

Filing 14

ORDER granting 10 Motion for Default Judgment in the sum of $19,061.76 in favor of pltfs' Trustees of New Jersey B.A.C. Health Fund, Trustees of the New Jersey BM&P Apprentice and Education Fund Trustees of the Bricklayers & Trowel Trades International Pension Fund, and Richard Tolson, as Administrator of B.A.C. Administrative District Council of New Jersey and Defendant KF Stucco, Inc. ***CIVIL CASE TERMINATED. Signed by Judge Katharine S. Hayden on 3/30/2015. (nr, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
BRICKLAYERS AND ALLIED CRAFTWORKERS
LOCAL 5 OF NEW JERSEY PENSION & ANNUITY
FUNDS, and RICHARD E. TOLSON as Trustee and
Fiduciary of the Bricklayers and Allied Craftworkers Local
5 of New Jersey Pension & Annuity Funds, and
TRUSTEES OF THE B.A.C. LOCAL 4 PENSION AND
ANNUITY FUNDS, TRUSTEES OF THE NEW JERSEY
B.A.C. HEALTH FUND, TRUSTEES OF THE NEW
JERSEY BM&P APPRENTICE AND EDUCATION
FUND, TRUSTEES OF THE BRICKLAYERS &
TROWEL TRADES INTERNATIONAL PENSION
FUND, TRUSTEES OF THE INTERNATIONAL
MASONRY INSTITUTE, and RICHARD E. TOLSON, as
Administrator of B.A.C. ADMINISTRATIVE DISTRICT
COUNCIL OF NEW JERSEY

Civil Action No. 14-2948
(KSH) (CLW)

Plaintiffs,
ORDER GRANTING
MOTION FOR FINAL
JUDGMENT BY DEFAULT
AND
ENTERING FINAL
JUDGMENT BY DEFAULT

v.

KF STUCCO, INC.,
Defendant.

This matter having been opened to the Court by plaintiffs seeking the entry of Final
Judgment by Default against defendant, KF Stucco, Inc., pursuant to Fed. R. Civ. P. 55(b)(2); and
the Amended Complaint in this matter [D.E. 3] seeking damages resulting from defendant’s breach
of the collective bargaining agreement (“CBA”) between KF Stucco, Inc. and the Bricklayers and
Allied Craftworkers Administrative District Council of New Jersey; and service of the Summons
and Complaint having been effectuated with respect to KF Stucco, Inc. on June 23, 2014 [D.E. 6];
and default having been entered by the Clerk of the Court on August 7, 2014 against defendant for
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its failure to plead or otherwise defend in this action; and good cause appearing from plaintiffs’
submissions,
IT IS on this 30th day of March 2015,
ORDERED that
1. The motion for default judgment against Defendant [D.E. 10] is granted.
2. Judgment is entered in favor of Plaintiffs Trustees of the New Jersey B.A.C. Health
Fund, Trustees of the New Jersey BM&P Apprentice and Education Fund, Trustees
of the Bricklayers & Trowel Trades International Pension Fund, and Richard
Tolson, as Administrator of B.A.C. Administrative District Council of New Jersey,
against Defendant KF Stucco, Inc. in the total amount of $19,061.76, comprised of
the following:
a. $2,702.71 for liquidated damages, including prejudgment interest;
b. $15,374.05 for contributions and dues check-offs under the CBA, including
prejudgment interest;
c. $985.00 for counsel fees and costs.

/s/ Katharine S. Hayden
Katharine S. Hayden, U.S.D.J.

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