International Union of Operating Engineers, Local No. 132 Health and Welfare Fund et al v. Overcash Pipeline, LLC

Filing 12

MEMORANDUM OPINION AND ORDER granting plaintiffs' 10 MOTION for Default Judgment; entering default judgment against the defendant for the sum of $61,816.60, plus post-judgment interest at the legal rate of .15 until the judgment is paid, and for the costs of this action. Signed by Judge Robert C. Chambers on 10/15/2020. (cc: counsel of record; defendant) (jsa)

Case 3:20-cv-00417 Document 12 Filed 10/15/20 Page 1 of 2 PageID #: 34

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF WEST VIRGINIA
HUNTINGTON DIVISION
INTERNATIONAL UNION OF OPERATING ENGINEERS,
LOCAL NO. 132 HEALTH AND WELFARE FUND;
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL NO. 132 PENSION FUND;
INTERNATIONAL UNION OF OPERATING ENGINEERS,
LOCAL NO. 132 APPRENTICIESHIP AND SKILLS IMPROVMENT FUND;
INTERNATIONAL UNION OF OPERATING ENGINEERS,
LOCAL NO. 132 ANNUITY AND SAVINGS FUND; and
INTERNATIONAL UNION OF OPERATING ENGINEERS,
LOCAL NO. 132, AFL-CIO,
Plaintiffs,
v.

CIVIL ACTION NO. 3:20-00417

OVERCASH PIPELINE, LLC.,
a North Carolina Corporation,
Defendant.
MEMORANDUM OPINION AND ORDER
On September 15, 2020, the Clerk of this Court entered a default, consistent with Fed. R.
Civ. P. 55(a) against the defendant Overcash Pipeline, LLC. ECF No. 9. Shortly thereafter, the
plaintiffs filed a motion for default judgment and an affidavit in support of that motion. ECF No.
10. The motion and affidavit set forth the amount of damages due. It is also apparent that the
defendant is neither an infant, an incompetent, nor a member of the United States Military. Based
upon its review of the motion, exhibits, and affidavit, the Court has determined that a hearing is
unnecessary.

Case 3:20-cv-00417 Document 12 Filed 10/15/20 Page 2 of 2 PageID #: 35

In accordance with Fed. R. Civ. P. 55(b), the Court ENTERS default judgment against the
defendant for the sum of $61,816.60, plus post-judgment interest at the legal rate of .15 until the
judgment is paid, and for the costs of this action.
The Court DIRECTS the Clerk to send a certified copy of this Order to counsel of record
and to the defendant.
ENTERED: October 15, 2020

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