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 29

OPINION ON DEFAULT JUDGMENT re 28 MOTION for Default Judgment against ALLEGHENY SIGNS AND PROMOTIONS, LLC, CAROL DZAMKO, and JEFFREY DZAMKO indicating that said Motion will be granted. An Appropriate Order will be entered. Signed by Judge Maurice B. Cohill on 12/18/14. (rtw)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

UNITED STEEL, PAPER AND
FORESTRY, RUBBER,
MANUFACTURING, ENERGY,
ALLIED INDUSTRIAL, AND
SERVICE WORKERS
INTERNATONAL UNION, AFL-CIO
and UNITED STEELWORKERS
LOCAL 5032-20

)
)
)
)
)
)
)
)
)

Plaintiffs,

)
)

vs.

)

Civil Action No. 14-606

)

ALLEGHENY SIGNS AND
PROMOTIONS, LLC, CAROL
DZAMKO, and JEFFREY DZAMKO

)
)
)
)

Defendants.

)

OPINION ON DEFAULT JUDGMENT
Pending before the Court is Plaintiffs' application for entry of Default Judgment against
Defendants under Federal Rule of Civil Procedure 55(b)(2). ECF No. 11. Plaintiffs filed an
Amended 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 or communicate with the Union with respect to the termination of an
employee, Deb Leff. In the three-count Amended Complaint, Plaintiffs seek back pay and
benefits, plus interest, subject to withholding, due to Ms. Leff; union dues that should have been
paid to the Union from employees' wages since October 21, 2010; and monies from employee
wage withholdings the Dzamkos unlawfully converted for their own personal use. For the
reasons set forth below, Plaintiffs' Motion for Default Judgment will be granted.

Defendants were served with the Amended Complaint on October 23,2014, and the
answer deadline was set for November 13,2014. Defendants failed to answer the Amended
Complaint. Accordingly, Plaintiffs requested that the Clerk enter Default against Defendants,
which was done on November 17,2014.
Plaintiffs seek back wages and benefits from the Dzamkos in the amount of $43,988.48,
subject to applicable withholding to be awarded to Deb Leff; union dues from all Defendants in
the amount of$8,537.41; converted monies in the amount of$4,091.24 from the Dzamkos; and
$258.00 in costs for the service of the summons and complaint.
After having reviewed the documents of record in this matter, and having received
evidence and testimony at a prior hearing October 1, 2014, and considering the arguments and
authorities submitted by Plaintiffs, the Court finds as follows: A default was entered by the Clerk
of Court against Defendants on November 17. Allegheny Signs and Promotions, LLC, Jeffrey
Dzamko, Carol Dzamko, and Tom Dzamko (the individual who received service on behalf of
Carol Dzamko) are not a minor, incompetent person, or a member of the military service of the
United States. The Defendants did not appear or otherwise defend in this action. We further
find that the allegations in the Amended Complaint, if taken as true, establish that we have
subject matter jurisdiction over this litigation, in personam jurisdiction over the Defendants, and
that the Amended Complaint states viable claims by Plaintiffs against Defendants. Therefore,
we will grant Plaintiffs' Motion for Default Judgment against Defendants.
An appropriate Order will be entered.

~.
Date

) 2,

').J7 I

r.

~..,~ I,Cc=t:LQ~

Maunce B. Cohill, Jr.
Senior United States District Court Judge
2