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Fanning v. Wegco, Inc.

United States District Court, D. Columbia.

November 21, 2013

MICHAEL R. FANNING, Plaintiff,
v.
WEGCO, INCORPORATED, Defendant

Page 2

For MICHAEL R. FANNING, as C,E,O. of the Central Pension Fund of the I.U.O.E. and Participating Employers, Plaintiff: R. Richard Hopp, O'DONOGHUE & O'DONOGHUE LLP, Washington, DC.

OPINION

BARBARA J. ROTHSTEIN, UNITED STATES DISTRICT JUDGE.

Page 3

MEMORANDUM OPINION

Granting the Plaintiffs' Motion for Default Judgment

I. INTRODUCTION

This matter comes before the Court on the plaintiff's motion for default judgment pursuant to Federal Rule of Civil Procedure 55(b)(2). Plaintiff Michael Fanning, acting as CEO and designated fiduciary of the Central Pension Fund of the I.U.O.E. and Participating Employers (" Central Pension Fund" ), brought this action alleging that the defendant, Wegco Inc. (" Wegco" ), failed to make contributions to employee benefit funds in violation of a collective bargaining agreement (" CBA" ) and the Employee Retirement Income Security Act of 1974 (" ERISA" ), 29 U.S.C. § 1145. Wegco, though properly served, has not responded to the complaint. Accordingly, Plaintiff now seeks entry of default judgment and monetary damages. For the reasons discussed below, the Court grants the motion.

II. FACTUAL AND PROCEDURAL BACKGROUND

On March 31, 2005, Wegco entered into a CBA with the International Union of Operating Engineers, Local 547 (" the Union" ), effective from July 1, 2005 until June 30, 2010. Plaintiff's Motion for Entry of Default Judgment (" Pl's Mot." ), Dkt. #10, App. 000011-12. Under the CBA, Wegco was required to contribute payments for each qualifying hour of work performed by covered employees. See id. App. 000003. Plaintiff claims that Wegco failed to make the required contribution for the month of April 2010. Compl. ¶ 9.[1] Plaintiff alleges that Wegco submitted a check for April 2010, in the amount of $8,400 dollars, but that the check was dishonored. Id. ¶ 15.

On March 4, 2013, Plaintiff commenced this action seeking recovery of the delinquent contributions and additional relief available under ERISA. Id. at 5. Plaintiff served Wegco with summons on by substituted service on May 21, 2013. See Return of Service, Dkt. #3. After Wegco failed to respond to the Complaint, Plaintiff requested an entry of default on June 28, 2013 and served Wegco with a copy of the affidavit in support of default. Aff. in Supp. of Default, Dkt. #5, at 4. On July 1, 2013, the Clerk of the Court entered default against Wegco. See Dkt. #6. Though counsel for Wegco corresponded with Plaintiff following the entry of default, Wegco never filed an answer or other response to the Complaint. On August 9, 2013, this Court ordered Plaintiff to file a motion for default judgment by August 26, 2013, or risk dismissal for lack of prosecution. See Minute Order of August 9, 2013. Plaintiff filed this motion on August 22, 2013, pursuant to Fed.R.Civ.P. 55(b)(2),[2] which was also served on the

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defendant. See Pl.'s Mot. at 45. Plaintiff contends that it is entitled to entry of a default judgment because Wegco has failed to appear, answer, plead or otherwise defend itself in response to the summons and complaint. Id. at 2. Plaintiff seeks an order awarding a total of $15,417.57, representing the contributions owed, prejudgment interest, liquidated damages, and attorney fees. Id. ...


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