UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL, AND SERVICE WORKERS INTERNATONAL UNION, AFL-CIO et al v. ALLEGHENY SIGNS AND PROMOTIONS, LLC

Filing 21

OPINION ON DEFAULT JUDGMENT re [11} MOTION for Default Judgment against Allegheny Signs and Promotions, LLC, indicating that said Motion will be granted. The Court will award back wages and benefits and costs for service as stated in Opinion. An Appropriate Order will be entered. Signed by Judge Maurice B. Cohill on 10/22/14. (rtw)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYL VANIA

UNITED STEEL, PAPER AND
FORESTRY, RUBBER,
MANUFACTURING, ENERGY,
ALLIED INDUSTRIAL, AND
SERVICE WORKERS
INTERNATONAL UNION, AFL-CIO
and UNITED STEEL WORKERS
LOCAL 5032-20
Plaintiffs,
vs.
ALLEGHENY SIGNS AND
PROMOTIONS, LLC, et al.
Defendants.

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Civil Action No. 14-606

OPINION ON DEFAULT JUDGMENT

Pending before the Court is Plaintiffs' application for entry of Default Judgment against
Defendant Allegheny Signs and Promotions, LLC under Federal Rule of Civil Procedure
55(b)(2). ECF No. 11. Plaintiffs filed a Complaint under the Labor Management Relations Act,
29 U.S.C. § 185(a), alleging that Defendants violated the parties' Collective Bargaining
Agreement by refusing to engage in the arbitration process with respect to the termination of an
employee, Deb Leff. We held a hearing on the motion for Default Judgment on Ocotber 1,
2014. For the reasons set forth below, Plaintiffs' Motion for Default Judgment will be granted.
Defendant was served with the Complaint on June 17,2014, and the answer deadline was
set for July 8, 2014. ECF No.6. Defendant failed to answer the Complaint. Accordingly,
Plaintiffs requested that the Clerk enter Default against Defendant, which was done on
September 4,2014. ECF Nos. 9 & 10.

Plaintiffs seek back wages and benefits in the amount of $38,742.80, subject to applicable
withholding to be awarded to Deb Leff; and $155.94 in costs for the service of the summons and
complaint.
After having reviewed the documents of record in this matter, and considering the
arguments and authorities submitted by Plaintiffs, the Court finds as follows: A default was
entered by the Clerk of Court against Allegheny Signs and Promotions, LLC on September 4,
2014. Neither Allegheny Signs and Promotions, LLC nor Riley Benson, the individual who
received service on behalf of Allegheny Signs and Promotions, LLC , is a minor, incompetent
person, or a member of the military service of the United States. Allegheny Signs and
Promotions, LLC did not appear or otherwise defend in this action. We further find that the
allegations in the Complaint, if taken as true, establish that we have subject matter jurisdiction
over this litigation, in personam jurisdiction over the Defendant, and that the Complaint states
viable claims by Plaintiffs against Defendant Allegheny Signs and Promotions, LLC .
Therefore, we will grant Plaintiffs' Motion for Default Judgment against Allegheny Signs and
Promotions, LLC .
Plaintiffs are entitled to back wages and benefits in the amount of $38,742.80, subject to
applicable withholding to be awarded to Deb Leff; and $155.94 in costs for the service of the
summons and complaint.
An appropriate Order will be entered.

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Mau .ce B. CohIll, Jr.
Senior United States District Court Judge

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