IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

BOARDS OF TRUSTEES OF
THE OHIO LABORER’S FRINGE
BENEFIT PROGRAMS,

Plaintiffs,
v. Case No. 2:17-cy-216

CHIEF JUDGE EDMUND A. SARGUS, JR.
Magistrate Judge Elizabeth Preston Deavers

A&J CEMENT CONTRACTORS, INC.,
et. al,

Defendants.
OPINION AND ORDER

This matter is before the Court on Plaintiffs’ Motion for Default Judgment against A&J Cement
Contractors, Inc. (ECF No. 9).' For the reasons that follow, the Court GRANTS Plaintiffs’ motion.

On March 15, 2017, Plaintiffs filed a Complaint against A&J Cement Contractors, Inc., and
John Calabrese. (ECF No. 1). Plaintiffs are the fiduciaries of three employee benefits trusts and one
labor management cooperative trust. They seek to recover unpaid contributions to employee benefit
plans under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., plus
liquidated damages and interest. Plaintiffs also seek attorney’s fees and costs.

On the grounds that Defendants were properly served with summonses and copies of the
Complaint (see ECF Nos. 3, 4) and have failed to answer, move, or otherwise plead, Plaintiffs filed a
motion for entry of default (ECF No. 5). On May 11, 2017, Plaintiffs obtained an entry of default
against Defendants A&J Cement Contractors and John Calabrese from the Clerk of the Court pursuant
to Fed. R. Civ. P. 55(a). (ECF No. 6.) On August 8, 2017, Plaintiffs filed this Motion for Default
* Plaintiffs also request the Court to grant their request to dismiss the claims against Defendant John

Calabrese (alleging that he is the alter ego of A&J Cement Contractors, Inc.) without prejudice. (ECF
No. 9.)


Judgment against Defendant A&J Cement Contractors, and requested dismissal without prejudice
against John Calabrese. (ECF No. 9).

Plaintiffs inform the Court, based upon their review of records relating to the contractual
obligations of Defendants to Plaintiffs, that the following monies are due:

Plaintiffs move the Court to issue an Order granting them a Default Judgment against

Defendant A&J Contractors, Inc. in the amount of Fifty-Eight Thousand Two Hundred

Thirty-Three Dollars and Twenty-Seven Cents ($58,233.37) in known unpaid fringe

benefit contributions, liquidated damages and interest for the period March, 2014

through April, 2017 and the sum of Three Thousand Four Hundred Thirty Dollars and

No Cents ($3,430.00) representing attorney fees, and costs as provided for by ERISA

Section 502(g)(2), 29 U.S.C. 1132(g)(2) and the collective bargaining agreement.

(ECF No. 9, at 2; see Affidavit of Brian Gaston, ECF No. 9-2).

Given these facts and the complete absence of opposition by Defendants to Plaintiffs’ motion
for default judgment, the calculations of damages stated therein — supported by the affidavit of
Plaintiffs’ Contractor Relations Manager, Brian Gaston — make fixed and certain the amount of
Plaintiffs’ damages. The same is true for the calculation of attorney’s fees attested to by attorney
Steven L. Ball (ECF No. 9-1). Consequently, Default Judgment in the amounts set forth in Plaintiffs’
memorandum in support of default judgment is appropriate without an adversarial hearing. See Fed. R.
Civ. P. 55(b). Having reviewed Plaintiffs’ motion and affidavits, the Court finds that the motion is
well taken.

IT IS THEREFORE ADJUDGED, ORDERED, AND DECREED:

1. Plaintiffs’ Motion for Default Judgment against A&J Cement Contractors, Inc. is GRANTED;
2. Plaintiffs’ Motion to Dismiss the claims against John Calabrese without prejudice is

GRANTED;

3. Default Judgment is entered in Plaintiffs’ favor against Defendant A&J Cement Contractors,

Inc., in the following amounts, as provided for by ERISA Section 502(g)(2), 29 U.S.C. §

1132(g)(2) and the collective bargaining agreement:


e The amount of $58,233.27 in unpaid fringe benefit contributions, liquidated damages
and interest for the period March, 2014 through April 2017 (representing $43,470.08 in
unpaid contributions and $14,763.1 in liquidated damages and interest);

e The amount of $3,430.00 for Plaintiffs’ reasonable attorney’s fees;

e Costs for Plaintiffs to pursue this action;

e Interest from the time of judgment at the rate of 1% per month.

The Clerk is directed to CLOSE this case.

IT IS SO ORDERED.

As YA- O17

DATE EDMUNY . BARGES, JR.
CHIEF UNEFED STATES DISTRICT JUDGE