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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

TRUSTEES OF THE PAINTERS

UNION DEPOSIT FUND, a 

voluntary unincorporated trust, Case No. 08-15197

Plaintiff, Honorable Sean F. Cox

UNITED STATES DISTRICT JUDGE

v. 

MURDOCK, INCORPORTED, a

dissolved Michigan corporation, and

TRACY MURDOCK, Individually,

Jointly and Severally,

Defendants.

______________________________/

OPINION & ORDER 

GRANTING MOTION FOR DEFAULT JUDGMENT

This action is currently before the Court on the Plaintiff’s Motion for Default Judgment

[Doc. No. 12]. For the reasons set forth below, the motion shall be GRANTED. 

On December 17, 2008, Plaintiff filed this action, pursuant to Section 101 of the LaborManagement Relations Act (“LMRA”), 29 U.S.C. § 186, and the Employee Retirement Income

Security Act (“ERISA”), 29 U.S.C. §§ 1132 and 1145. Plaintiff seeks payment of unpaid

audited indebtedness of $11,558.98 due under the fringe benefit provisions of the collective

bargaining agreement (“CBA”) between Plaintiff and Defendants.The $11,558.98 alleged as

unpaid audited indebtedness consists of $9,632.48 in delinquent fringe contributions owed to

Plaintiff for the period of January 1, 2007 to December 31, 2008, and $1,926.50 representing

liquidated damages in the amount of 20% as provided for in Article XVIII, Section 3 of the

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CBA.

 Plaintiff also requests interest on any amount determined owing by an audit at 12% per

annum from the due date of the contributions, liquidated damages, the costs of the audit, and

statutory attorney fees pursuant to 29 U.S.C. § 1132(g)(2). Jurisdiction is proper under 28

U.S.C. § 1331, because the case concerns rights granted under federal statutes. Defendant

received service of process on June 21, 2008, and failed to file an answer within the required 20

day period. 

A Clerk’s entry of Default was entered on January, 2009. The Court notes that

Defendant Murdock Incorporated, as a former corporation is incapable of being in violation of

the requirements for Non-Majority, Non-Incompetence, and Non-Military Status, and that, to the

best of Plaintiff’s knowledge, individual Defendant Tracy Murdock is of majority age, not

incompetent, and not currently on military status. No responsive pleadings, nor objection to this

motion for default judgment, have been filed by Defendants to date. 

This Court held a hearing on the Plaintiff’s motion on May 28, 2009. Although the

Plaintiff appeared for the hearing, no persons on behalf of the Defendants, or opposing the

Plaintiff’s motion, appeared at the hearing. In addition, no written opposition to the Plaintiff’s

motion has been filed by any party. 

Having reviewed the Motion, the Court is satisfied that the Plaintiff is entitled to entry of

a default judgment in this matter. IT IS THEREFORE ORDERED that the Plaintiff’s Motion for

Entry of Default Judgment [Doc. No. 12] be GRANTED. 

IT IS SO ORDERED. 

S/Sean F. Cox 

Sean F. Cox

United States District Judge

Dated: May 28, 2009

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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

TRUSTEES OF THE PAINTERS

UNION DEPOSIT FUND, a 

voluntary unincorporated trust, Case No. 08-15197

Plaintiff, Honorable Sean F. Cox

UNITED STATES DISTRICT JUDGE

v. 

MURDOCK, INCORPORTED, a

dissolved Michigan corporation, and

TRACY MURDOCK, Individually,

Jointly and Severally,

Defendants.

______________________________/

PROOF OF SERVICE

I hereby certify that a copy of the foregoing document was served upon counsel of record 

on June 2, 2009, by electronic and/or ordinary mail.

S/Jennifer Hernandez 

Case Manager

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