Free Motion for Default Judgment - District Court of Delaware - Delaware

Case 1 :05-cv-00050-SLR Document 9 Filed 07/07/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PLUMBERS AND PIPEFITTERS LOCAL : CIVH. ACTION
UNION NO. 74 ANNUITY FUND, et al. :
Plaintiffs
AMERICAN MECHANICAL, INC. ·
Defendant NO.: 05-050 (SLR)
MOTION FOR JUDGMENT BY DEFAULT BY THE COURT
PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE
55gb [(2) AGAINST AMERICAN MECHANICAL, INC.
Plaintiffs, Plumbers and Pipetitters Local Union No. 74 Annuity Fund, Plumbers and
- Pipefltters Loca} No. 74 Health and Welfare Trust Fund, Plumbers and Pipetitters Local Union No.
74 Pension Fund, (formerly the Pipetltters Local Union No. 80 Employers Joint Pension Trust Fund),
Plumbers and Pipefitters Local No. 74 Apprenticeship Fund, Pipetitters Local Union No. 74
Educational/PAC Fund, (respectively, “Annuity Fund", "Welfare Fund", "Pension- F11nd",
"Apprenticesbip Fund", "Edueation/PAC Fund", and, collectively, "Funds"), Local Union No. 74 of
the United Association of J ourneymen and Apprentices ofthe Plumbing and Pipefitting industry of
the United States and Canada, AFL»Cl§O (“Union" and together with Funds, "Plaintiffs"), by their
legal counsel, respectfully move this Court, pursuant to Fed. R. Civ. P. 55(b)(2), to enter default
judgment in favor of the Plaintiffs and against Defendant, American Mechanical, Inc. ("Company" or
"Defendant") for unpaid contributions, contractual liquidated damages, interest and attomeys’ fees
and costs incurred bythe Funds pursuant to 29 U.S.C. §§ l l32(g)(2)(A)—(D). The Funds also request
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Case 1 :05-cv-00050-SLR Document 9 Filed 07/07/2005 Page 2 of 4
that the Court order Defendant to produce its records for an audit of periods on and after January l,
2005 to determine whether any additional monies are owed.
hi support of this Motion, Plaintiffs rely upon the allegations in their Complaint, the
Declaration of Scott Ernsbergerl, the Declaration of Timothy J. Snyder), the Declaration of
Sanford G. Rosenthal, Esquire3 and the exhibits attached to this Motion.
The grounds for this Motion are as follows:
I. Prior to the commencement of this action, the Funds attempted to resolve this
delinquency in an amicable manner.
2. The requested payments were not received and on January 31, 2005, the
Complaint in this matter was tiled. An Amended Complaint was filed on February l, 2005. The
Amended Complaint was served on Company on February 15, 2005, as appears from the
Affidavit of Service tiled with the Court. _
3. No Answer to the Amended Complaint was tiled by the Company.
4. On April 13, 2005, Plaintiffs filed a Request to Clerk to Enter Default against the
Company pursuant to Fed. R. Civ. P. 55(a) and mailed a copy first class mail, postage prepaid to
the Company. Default was entered on April 18, 2005.
l The Declaration of Scott Ernsberger ("Einsberger Dec1aration") is attached to this
Motion as Exhibit l. The documents referred to inthe Ernsberger Declaration are attached to
this Motion as Exhibit 2 through 6.
2 The Declaration of Sanford G. Rosenthal ("Rosenthal Declaration") is attached to this
Motion as Exhibit 7. The document referred to in the Rosenthal Declaration is attached to this
Motion as Exhibit 8.
3 The Declaration of Timothy .l'. Snyder ("Snyder Declaration") is attached to this
Motion as Exhibit 9. The document referred to in the Snyder Declaration is attached to this
Motion as Exhibit t0.
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Case 1:05-cv-00050-SLR Document 9 Filed 07/07/2005 Page 3 of 4
5. The Company is not an infant or incompetent person and as Company is a
corporation it is not in the military service.
WHEREFORE, Plaintiffs seek the following relief:
(a) Judgment entered as set out in the proposed Order and Judgment attached to this
Motion.
(b) Such other and further relief as the Court deems just, necessary and appropriate.
Respectfully submitted,
YOUNG CONAWAY STARGATT & TAYLOR, LLP
» oool /.
BY:
-· 1 OTHYJ. I z R ‘
Bat Edentiticat ¤ o. 4 8
_, The Brandyw ne Buil ing
1000 West St., I'/th Floor
Wilmington, Delaware 19801
A Telephone: (302) 571-6645-
Facsimile: (302) 576i-3336
Emaiit tsnyder@,ycst.corn
Attorney for Plaintiffs
Dated:E TF 2,005
OF COUNSEL:
SANFORD G. ROSENTHAL
Jennings Sigrnond, P.C.
510 Walnut Street, Suite 1600
Philadelphia, PA 19106
215-35 1~0611
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Case 1 :05-cv-00050-SLR Document 9 Filed 07/07/2005 Page 4 of 4
CERTIFICATE OF SERVICE
I, Timothy J. Snyder, state under penalty of perjury that I caused a copy of the foregoing
Motion for Judgment by Default by the Court Pursuant to Federal Rule of Civil Procedure
55(b)(2) to be served via first class mail, postage prepaid on the date and to the address below:
Thomas Porter, President
American Mechanical, Inc.
57 Mcl\/tillian Way
Delaware Industrial Park ‘
Newark, DE 19713
Date: 7 hill]
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