United States of America v. Art Construction, Inc.

Filing 6

OPINION. The Government's motion for a default judgment against defendant is granted. Judgment should be entered in the amount of $26,165.16. (Signed by Judge Thomas P. Griesa on 6/7/11) (rjm)

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UNITED STATES OF AMERICA,
Plaintiff,

10 Civ. 8521 (TPG)

- against -

OPINION

ART CONSTRUCTION, INC .,
Defendant.

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Plaintiff United States of America (the "Government") brought this
suit on November 12,2010, alleging that defendant Art Construction,
Inc. owes money on two delinquent debts arising from workplace safety
violations identified by the Occupational Safety and Health
Administration . The Government states that defendant owes the United
States $25,987.66 for penalties, interest, and administrative costs
associated with defendant's workplace safety violations and $177.50 for
serving the defendant. Defendant has not responded to the complaint.
The Government moves for default judgment.
The court may enter a default judgment when a party against
whom affirmative relief is sought has "failed to plea or otherwise defend."
Fed . R. Civ . P. 55 . Where defendant was served but failed to answer and
the time to do so has expired, plaintiff is entitled to a default judgment.

Fed. R. Civ. P. 12(a)(1); United States v. Wagner, 235 F. Supp. 854, 855­
56 (S.D.N.Y. 1964).
The Government served defendant with a copy of the summons
and complaint on November 22, 2010. Proof of service was filed with the
court on December 27,2010. Defendant has not entered a notice of
appearance or filed an answer or otherwise moved with respect to the
complaint, and the time for it to do so has passed. On May 19,2011, the
Clerk of Court issued a Certificate of Default.
The Government's motion for a default judgment against defendant
is granted . Judgment should be entered in the amount of $26, 165.16.
SO ORDERED.
Dated : New York, New York
June 7,2011

Thomas P. Griesa
U.S.D.J .