Laborers Local Union 158 et al v. Concrete Coring Company Inc. et al

Filing 12

ORDER & JUDGMENT granting pltfs' motion 10 for default jdgmt, JUDGMENT ENTERED in favor of pltfs & against defts in amt of $104,124.27; Clrk of Ct directed to CLOSE case. (See order & jdgmt for complete details.) Signed by Chief Judge Christopher C. Conner on 5/17/18. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
LABORERS LOCAL UNION 158,
LABORERS LOCAL UNION 158
HEALTH AND WELFARE FUND,
and LABORERS LOCAL UNION 158
PENSION FUND,
Plaintiffs,
v.
CONCRETE CORING COMPANY,
INC., and LARRY TREADWAY,
Defendants

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CIVIL ACTION NO. 1:17-CV-2232
(Chief Judge Conner)

ORDER & JUDGMENT
AND NOW, this 17th day of May, 2018, upon consideration of the motion
(Doc. 10) for default judgment by plaintiffs Laborers Local Union 158, Laborers
Local Union 158 Health and Welfare Fund, and Laborers Local Union 158 Pension
Fund (together, “plaintiffs”), and it appearing that the summons and complaint
were served on defendants Concrete Coring Company, Inc. (“Concrete Coring”),
and Larry Treadway (“Treadway”), on February 13, 2018, (see Docs. 6, 7), but that,
as of the date of this order, neither defendant has pled or otherwise defended itself
in this litigation, see FED. R. CIV. P. 12, nor has counsel entered an appearance on
behalf of Concrete Coring, a corporation which cannot proceed pro se before this
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(3d Cir. 2009) (per curiam) (nonprecedential) (citing Rowland v. Cali.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, 201-02 (1993)), and further that, upon request (Doc. 8) of plaintiffs, the
Clerk of Court entered default (Doc. 9) against both defendants on March 15, 2018,

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 defendants’ delinquency on contributions due to plaintiffs in violation of
the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1145, and the
Pennsylvania Wage Payment and Collection Law, 43 PA. STAT. & CONS. STAT. ANN.
§ 260 et seq., as well as in breach of the parties’ collective bargaining agreement,
and further, with respect to the issue of damages, the court noting that we may
conduct hearings when needed “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 $102,280.27 and fees in the amount of $1,844.00,
and support the request with affidavits duly executed by the plaintiff funds’ plan
administrator and by counsel, (Docs. 10-1, 11-1), and the court thus determining
that entry of default judgment is appropriate, it is hereby ORDERED that:
1.

Plaintiffs’ motion (Doc. 10) for default judgment is GRANTED.

2.

Judgment is ENTERED in favor of plaintiffs and against defendants in
the amount of $104,124.27.

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