OPERATING ENGINEERS LOCAL 66, AFL-CIO AND CONSTRUCTION INDUSTRY COMBINED FUNDS, INC. v. EAST COAST PAVING & SEAL COATING, INC. et al
OPINION re 12 MOTION for Default Judgment against BARBARA S. HASSON filed by OPERATING ENGINEERS LOCAL 66, AFL-CIO AND CONSTRUCTION INDUSTRY COMBINED FUNDS, INC. The Court will grant Plaintiff's 12 Motion and issue a judgment in favor of Plaintiff and against Defendant BARBARA S. HASSON 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.,
EAST COAST PAVING & SEAL
COATING, INC., BARBARA S. HASSON,
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.
12. This case has been referred to Chief United States Magistrate Judge Eddy for pretrial
proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(1)(A) and (B) and Local
Rule of Civil Procedure 72.
On December 23, 2020, Plaintiff filed the Complaint against Defendants East Coast Paving
& Seal Coating, Inc. (“East Coast Paving”), Barbara Hasson, and Barry Miles. ECF No. 1.
Plaintiff served Defendant Hasson on March 9, 2021. ECF No. 6. Plaintiff requested that the
Clerk enter default against Defendant Hasson on April 7, 2021. ECF No. 7. The Clerk entered
default against Defendant Hasson on April 8, 2021. ECF No. 10. On April 16, 2021, Plaintiff
moved for default judgment against Defendant Hasson. ECF No. 12.
Chief Magistrate Judge Eddy issued a Report and Recommendation on April 19, 2021
recommending that Plaintiff’s Motion be granted. ECF No. 13. Service of the Report and
Recommendation was made on the parties, and no objections have been filed.
The Court has reviewed the pleadings and documents in this case, together with the Report
and Recommendation. As part of the Court’s review, on May 21, 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. 14. Plaintiff filed a brief in response to the Court’s order on
May 27, 2021. ECF Nos. 15 and 16.
Based on the record before it, the Court agrees with Chief Magistrate Judge’s Report and
Recommendation that Plaintiff’s Motion for Default Judgment should be granted. However, based
on the supplemental briefing at ECF No. 15 and 16, which was not available to the Chief
Magistrate Judge at the time of her Report and Recommendation, the Court has adjusted the
judgment amount, and will grant Plaintiff’s Motion and issue a judgment in favor of Plaintiff and
against Defendant Hasson as follows:
Principal per Paragraph 26 of the Complaint
Interest through December 23, 2020 per
Paragraph 26 of the Complaint
Interest from December 23, 2020 through June
3, 2021 (163 days at $16.53 per day) per
Paragraph 26 of the Complaint
Liquidated damages per Paragraph 26 of the
Attorneys’ Fees per Paragraphs 10, 16, and 18
of Attorney Leech’s Declaration, ECF No. 167
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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