Faust et al v. Schultzville Sheet Metal, LLC

Filing 10

ORDER & JUDGMENT granting pltfs' request 6 for default jdgmt, JUDGMENT IS ENTERED in favor of plaintiffs & against Schultzville in the amt of $77,846.68 together w/ costs, & Clrk of Ct directed to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 6/30/16. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
WARREN FAUST and LORI
ESHENAUR, as Trustees of the
SHEET METAL WORKERS LOCAL
44 RETIREMENT INCOME PLAN,
SHEET METAL WORKERS LOCAL
44 ANNUITY FUND, SHEET METAL
WORKERS LOCAL 44 WELFARE
FUND, and SHEET METAL
INDUSTRY EDUCATION FUND,
Plaintiffs
v.
SCHULTZVILLE SHEET METAL,
INC.,
Defendant

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CIVIL ACTION NO. 1:16-CV-875
(Chief Judge Conner)

ORDER & JUDGMENT
AND NOW, this 30th day of June, 2016, upon consideration of the request
(Doc. 6) for default judgment by Warren Faust and Lori Eshenaur as Trustees of
Sheet Metal Workers Local 44 Retirement Income Plan, Sheet Metal Workers Local
44 Annuity Fund, Sheet Metal Workers Local 44 Welfare Fund, and Sheet Metal
Industry Education Fund (together, “plaintiffs”), and it appearing that the
summons and complaint were served on defendant Schultzville Sheet Metal, Inc.
(“Schultzville”), by process server on May 25, 2016, (see Doc. 4), but that, as of the
date of this order, Schultzville has not pled or otherwise defended itself in this
litigation, see FED. R. CIV. P. 12, nor has counsel entered an appearance on behalf of
Schultzville, a corporation which cannot proceed pro se before a federal court, see
Lawson v. Nat’l Cont.-Progressive Ins. Co., 347 F. App’x 741, 742 (3d Cir. 2009) (per

curiam) (nonprecedential) (citing Rowland v. Cali. Men’s Colony, 506 U.S. 194, 20102 (1993)), and that, upon request (Doc. 5) of plaintiffs, the Clerk of Court entered
default (Doc. 7) against Schultzville on June 23, 2016, see FED. R. CIV. P. 55(a), and
the court concluding that, taking the facts of the complaint (Doc. 1) as true, see
Comdyne I, Inc. v. Corbin, 908 F.2d 1142, 1149 (3d Cir. 1990), plaintiffs’ allegations
are sufficient for purposes of default judgment to establish that Schultzville is
delinquent on contributions to the plaintiff funds in violation of the Employee
Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1145, and in breach of
the parties’ collective bargaining agreement, and the court noting, with respect
to the issue of damages, that it “may conduct hearings [if] it needs to . . . determine
the amount of damages,” FED. R. CIV. P. 55(b)(2), but that a hearing is unnecessary
when evidence of damages is unopposed and unambiguous, see Rhino Assocs. L.P.
v. Berg Mfg. & Sales Corp., 531 F. Supp. 2d 652, 657 (M.D. Pa. 2007), and the court
observing that plaintiffs seek damages in the amount of $77,309.18, and fees in the
amount of $537.50, and support the request with an affidavit (Doc. 6-1) executed by
their counsel, and the court thus determining that entry of default judgment is
appropriate, it is hereby ORDERED that:
1.

Plaintiffs’ request (Doc. 6) for default judgment is GRANTED.

2.

Judgment is ENTERED in favor of plaintiffs and against Schultzville
in the amount of $77,846.68, together with costs.

3.

The Clerk of Court is directed to CLOSE this case.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania