OPERATING ENGINEERS LOCAL 66, AFL-CIO AND CONSTRUCTION INDUSTRY COMBINED FUNDS,INC., v. PETRA PIPELINE SERVICES, LLC
OPINION re 13 Motion for Default Judgment against PETRA PIPELINE SERVICES, LLC, filed by OPERATING ENGINEERS LOCAL 66, AFL-CIO AND CONSTRUCTION INDUSTRY COMBINED FUNDS,INC. The Court will grant Plaintiff's 13 Motion and issue a judgment in favor of Plaintiff and against Defendant as more fully set forth in said opinion. Signed by Judge Christy Criswell Wiegand on 6/3/2021. (jmm)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
OPERATING ENGINEERS LOCAL 66,
AFL-CIO AND CONSTRUCTION
INDUSTRY COMBINED FUNDS, INC.
PETRA PIPELINE SERVICES, LLC,
Before the Court is Plaintiff Operating Engineers Local 66, AFL-CIO and Construction
Industry Combined Funds, Inc.’s (together “Plaintiff”) Motion for Default Judgment. ECF No.
On October 30, 2020, Plaintiff filed the Complaint against Defendant Petra Pipeline
Services, LLC. ECF No. 1. Plaintiff served Defendant on November 13, 2020. ECF No. 7.
Plaintiff requested that the Clerk enter default against Defendant on February 26, 2021. ECF No.
11. The Clerk entered default against Defendant on March 1, 2021. ECF No. 12. On April 15,
2021, Plaintiff moved for default judgment against Defendant. ECF No. 13.
On April 29, 2021, the Court ordered Plaintiff to file with the Court a copy of the
Agreement defined in Paragraph 6 of the Complaint. ECF No. 14. Plaintiff filed a series of
documents that collectively serve as the Agreement defined in the Complaint the following day.
ECF No. 15.
On May 3, 2021, the Court ordered Plaintiff to provide supplemental briefing as to the
factual and legal authorities that support Plaintiff’s calculation of damages. ECF No. 16. Plaintiff
filed a brief in response to the Court’s order on May 10, 2021. ECF Nos. 17.
Under Federal Rule of Civil Procedure 55(a), the clerk may enter judgment against a party
where the plaintiff’s claim is for a sum certain or a sum that can be made certain by computation
and the plaintiff submits an affidavit showing the amount due. Fed. R. Civ. P. 55(a). Plaintiff here
seeks a sum certain, or a sum that can be made certain by computation, and has submitted adequate
affidavits in support thereof.
Therefore, based on the record before it, the Court will grant Plaintiff’s Motion and issue
a judgment in favor of Plaintiff and against Defendant as follows:
Principal per Paragraph 9 of the Complaint
Interest through October 21, 2020 per
Paragraph 9 of the Complaint
Interest from November 1, 2020 through June
3, 2021 (215 days at $21.29 per day) per
Paragraph 9 of the Complaint
Liquidated damages per Paragraph 9 of the
Attorneys’ Fees per Paragraphs 10, 16, and 18
of Attorney Leech’s Declaration, ECF No. 171
DATED this 3rd day of June, 2021.
BY THE COURT:
/s/ Christy Criswell Wiegand
CHRISTY CRISWELL WIEGAND
United States District Judge
cc (via ECF email notification):
All Counsel of Record
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