Trustees of the Milwaukee Carpenters District Council Health Fund et al v. Hahn's Badger Carpet Inc

Filing 11

ORDER signed by Judge J.P. Stadtmueller on 1/31/2018 GRANTING 10 Plaintiffs' Motion for Default Judgment. Defendant to pay to Plaintiffs the total sum of $65,483.11 together with post-judgment interest as provided by law and costs as may be taxed by the Clerk of Court. Action DISMISSED. (cc: all counsel) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
TRUSTEES OF THE MILWAUKEE
CARPENTERS DISTRICT COUNCIL
HEALTH FUND and TRUSTEES OF
THE MILWAUKEE CARPENTERS
JOINT APPRENTICESHIP
COMMITTEE FUND,
Plaintiffs,

Case No. 17-CV-825-JPS-JPS

ORDER

v.
HAHN’S BADGER CARPET INC.,
Defendant.
Plaintiffs, which are union trust funds, assert in this action that
Defendant, an employer of union workers, owes them various sums as part
of a collective bargaining agreement, pursuant to the Employee Retirement
Income Security Act, 29 U.S.C. § 1132 et seq. and the Labor Management
Relations Act of 1947, 29 U.S.C. § 185(a). On October 10, 2017, Plaintiffs
moved for entry of default against Defendant. (Docket #9). The Clerk of
Court entered default that same day.
Subsequently, on December 8, 2017, Plaintiffs filed a motion for entry
of default judgment. (Docket #10). Because the Clerk of Court has entered
default against Defendant, the Court must accept all well-pleaded facts
relating to liability as true. Graham v. Satkoski, 51 F.3d 710, 713 (7th Cir.
1995). However, that does not relieve Plaintiffs of the responsibility to
prove up their damages under Rule 55(b)(2) of the Federal Rules of Civil
Procedure. Indeed, “even when a default judgment is warranted based on
a party’s failure to defend, the allegations in the complaint with respect to

the amount of the damages are not deemed true,” and the Court must
conduct an inquiry to ascertain the amount of damages with reasonable
certainty. e360 Insight v. The Spamhaus Project, 500 F.3d 594, 602 (7th Cir.
2007) (quoting In re Catt, 368 F.3d 789, 793 (7th Cir. 2004)). Judgment by
default may not be entered without a hearing on damages unless “the
amount claimed is liquidated or capable of ascertainment from definite
figures contained in the documentary evidence or in detailed affidavits.” Id.
(quoting Dundee Cement Co. v. Howard Pipe & Concrete Prods., Inc., 722 F.2d
1319, 1323 (7th Cir. 1983)).
Plaintiffs claim the following items of damages:
1)

Unpaid contributions to Plaintiff Trustees of the Milwaukee
Carpenters Joint Apprenticeship Committee Fund (the
“Apprenticeship Fund”) in the amount of $5,424.72;

2)

Unpaid contributions to Plaintiff Trustees of the Milwaukee
Carpenters District Council Health Fund (the “Health Fund”)
in the amount of $54,952.70;

3)

Interest on the delinquent contributions, in the amount of
$142.21 to the Apprenticeship Fund, and $2,743.19 to the
Health Fund; and

4)

Liquidated damages on the delinquent contributions, in the
amount of $94.63 to the Apprenticeship Fund, and $2,125.66
to the Health Fund.

See (Docket #10 and #10-1). These figures total $65,483.11. Id.
Here, the claimed amounts are easily capable of ascertainment from
the computations in the documentary evidence and the affidavit submitted
by Plaintiffs. Their evidence details Defendant’s failure to abide by the
terms of the various collective bargaining agreements since August 2014,
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and the payment delinquencies that have resulted therefrom. See (Docket
#10-1, #10-2, #10-3, #10-4, #10-5, and #10-6). Thus, the Court having
determined “that defendant[] [is] liable to plaintiff[s] as to each cause of
action alleged in the complaint,” by its entry of default, and that Plaintiffs’
claimed amounts for unpaid contributions, interest, and liquidated
damages are reasonably certain and well-supported, the Court will now
grant Plaintiffs’ requested default judgment and award them their
requested amounts for those items. Breuer Elec. Mfg. Co. v. Toronado Sys. of
Am., Inc., 687 F.2d 182, 186 (7th Cir. 1982).
Accordingly,
IT IS ORDERED that Plaintiffs’ motion for default judgment
(Docket #10) be and the same is hereby GRANTED; Defendant shall pay to
Plaintiffs the total sum of $65,483.11 together with post-judgment interest
as provided by law and costs as may be taxed by the Clerk of the Court; and
IT IS FURTHER ORDERED that this action be and the same is
hereby DISMISSED.
The Clerk of Court is directed to enter judgment accordingly.
Dated at Milwaukee, Wisconsin, this 31st day of January, 2018.
BY THE COURT:

____________________________________
J. P. Stadtmueller
U.S. District Judge

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