Operating Engineers Local 139 Health Benefit Fund et al v. The Bristol Group LLC

Filing 18

ORDER signed by Judge J.P. Stadtmueller on 6/25/2018: GRANTING 10 Plaintiffs' Motion for Default Judgment; ORDERING Defendant to pay to Plaintiffs the total sum of $44,377.54 together with post-judgment interest as provided by law; and DISMISSING CASE. See Order for further details. (cc: all counsel) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
OPERATING ENGINEERS LOCAL 139
HEALTH BENEFIT FUND, CENTRAL
PENSION FUND OF THE
INTERNATIONAL UNION OF
OPERATING ENGINEERS AND
PARTICIPATING EMPLOYERS,
WISCONSIN OPERATING ENGINEERS
SKILL IMPROVEMENT AND
APPRENTICESHIP FUND, JOINT
LABOR MANAGEMENT WORK
PRESERVATION FUND, TERRANCE E.
MCGOWAN, MICHAEL A. CRABTREE,
and INTERNATIONAL UNION OF
OPERATING ENGINEERS LOCAL 139,

Case No. 18-CV-120-JPS

ORDER

Plaintiffs,
v.
THE BRISTOL GROUP LLC,
Defendant.
Plaintiffs assert claims against Defendant for breach of contract and
for violation of the Employee Retirement Income Security Act, 29 U.S.C. §
1132 et seq. On March 5, 2018, Plaintiffs requested entry of default against
Defendant. (Docket #6). The Clerk of Court entered default the following
day. Plaintiffs now seek default judgment for a sum certain. (Docket #10).
No response to the motion for default judgment has been received, and the
time in which to do so has expired. Civ. L. R. 7(b).
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)

Delinquent contributions in the amount of $33,481.05;

2)

Delinquent payment assessment in the amount of $4,825.72;

3)

Interest on these sums, in the amount of $3,226.77; and

4)

Attorneys’ fees and costs in the amount of $2,844.00.

See (Docket #10 at 2–3, #11, #13–16). These figures total $44,377.54. Id.
Here, the claimed amounts are easily capable of ascertainment from
the computations in the documentary evidence and the affidavits
submitted by Plaintiffs. Their evidence details Defendant’s failure to abide
by the terms of the various collective bargaining agreements from
November 1, 2015 through August 31, 2017 and from September 1, 2017
through February 28, 2018, and the payment delinquencies that have
resulted therefrom. See (Docket #10, #11, and #16). Thus, the Court having
determined “that defendant[] [is] liable to plaintiff[s] as to each cause of
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action alleged in the complaint,” by its entry of default, and that Plaintiffs’
claimed amounts for unpaid contributions, payment assessments, and
interest 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). The same is true for Plaintiffs’
request for fees and costs, as provided by 29 U.S.C. § 1132(g)(2) and the
collective bargaining agreements to which Defendant is bound.
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 $44,377.54 together with post-judgment interest
as provided by law; 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 25th day of June, 2018.
BY THE COURT:

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

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