NEW JERSEY BUILDING LABORERS' STATEWIDE PENSION FUND AND THE TRUSTEES THEREOF v. ENVIRONMENTAL CONTRACTORS, INC. et al

Filing 27

ORDER Granting 26 Plaintiff's motion for Default Judgment. It is further Ordered that judgment is hereby entered against defendants Environmental Contractors, Inc. Kielczewski Corporation and Be Construction Corporation in the amount of $188,484.40***CIVIL CASE TERMINATED. Signed by Judge Madeline Cox Arleo on 7/3/2019. (JB, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
NEW JERSEY BUILDING LABORERS’
STATEWIDE PENSION FUND AND
TRUSTEES THEREOF,

Civil Action No. 17-3068

Plaintiff,

ORDER

v.
ENVIRONMENTAL CONTRACTORS,
INC., KIELCZEWSKI CORPORATION,
and BE CONSTRUCTION
CORPORATION,
Defendants.
THIS MATTER comes before the Court by way of New Jersey Building Laborers’
Statewide Pension Fund and Trustees Thereof’s (“Plaintiff” or “Funds”) Amended Motion for
Default Judgment against Environmental Contractors, Inc., Kielczewski Corporation, and BE
Construction Corporation (collectively, “Defendants”) pursuant to Federal Rule of Civil Procedure
55(b)(2);
and it appearing that on November 30, 2018, the Court denied Plaintiff’s earlier motion for
a default judgment, as Plaintiff had failed to “state the principal unpaid contribution liability on
which it was based or what, if any, penalties, costs, and interest calculations” that Plaintiff sought;
and it appearing that the Court denied Plaintiff’s motion without prejudice and granted
Plaintiff thirty days in which to file an amended complaint or renewed motion for default
judgment;
and it appearing that Plaintiff filed an amended motion for default judgment on December
28, 2018, ECF No. 26;

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and it appearing that Plaintiff’s amended motion is supported by the affidavit of Kimberly
Kemple, an assistant administrator of the Funds;
and it appearing that the Kemple Affidavit includes a breakdown of each component of
Plaintiff’s default judgment request, Kemple Aff. ¶ 5;
and it appearing that Plaintiff seeks a default judgment of $188,484.40, composed of
$101,817.06 in unpaid principal, $33,546.37 in interest calculated at 18% per annum, as per the
Collective Bargaining Agreement, liquidated damages of 20% of the unpaid principal of
$20,363.41; attorney’s fees of $25,454.26, audit costs of $6,504.30 and an arbitration fee of $800;
and it appearing that as found in this Court’s prior opinion, Plaintiff is entitled to the entry
of a default judgment;
IT IS on this 3th day of July, 2019;
ORDERED that Plaintiff’s Amended Motion for Default Judgment, ECF No. 26, is hereby
GRANTED; and it is further
ORDERED that judgment is hereby entered against Defendants Environmental
Contractors, Inc., Kielczewski Corporation and Be Construction Corporation in the amount of
$188,484.40.

/s Madeline Cox Arleo___________
MADELINE COX ARLEO
UNITED STATES DISTRICT JUDGE

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