IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

TEAMSTERS HEALTH AND WELFARE

FUND OF PHILADELPHIA AND

VICINITY, et al.,

Plaintiffs,

v.

CRESSMAN TRUCKING, INC.,

Defendant.

CIVIL NO. 10-6626(NLH)(JS)

OPINION

APPEARANCES:

R. MATTHEW PETTIGREW , JR. 

MARKOWITZ & RICHMAN 

1100 NORTH AMERICAN BUILDING 

121 SOUTH BROAD STREET 

PHILADELPHIA, PA 19107 

On behalf of plaintiffs

HILLMAN, District Judge

Before the Court is plaintiffs’ motion for the entry of

default judgment pursuant to Federal Civil Procedure Rule

55(b)(2). For reasons explained below, plaintiffs’ motion will

be granted.

I. JURISDICTION

Plaintiffs brought this action pursuant to Sections 502

and 515 of the Employee Retirement Income Security Act of 1974

(“ERISA”), as amended, 29 U.S.C. §§ 1132 and 1145, and Section

301 of the Labor Management Relations Act of 1947 (“LMRA”), as

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amended, 29 U.S.C. § 185. Therefore, this Court exercises

subject matter jurisdiction pursuant to 28 U.S.C. § 1331 (federal

question jurisdiction).

II. BACKGROUND

Plaintiffs are multi-employer benefit funds within the

meaning of Section 302(c)(5) of the LMRA, 29 U.S.C. § 186(c)(5)

and Sections 3(3) and 3(37) of ERISA, 29 U.S.C. §§ 1002(3) and

1002(37). Plaintiffs receive and administer contributions from

various contractors who are obligated to make contributions to

the funds pursuant to a collective bargaining agreement (“CBA”). 

Defendant is a party to the CBA but failed to make contributions

to union employees’ pension funds in accordance with terms of the

CBA. Plaintiffs filed a complaint for breach of the CBA and

violation of ERISA, and served the complaint and summons on

defendant on January 13, 2011. Defendant failed to file any

responsive pleading or enter an appearance. Plaintiffs sought

and obtained a clerk’s entry of default on March 24, 2011, and

seek a judgment in default.

 III. DISCUSSION

A. Standard for Default Judgment

Pursuant to Rule 55, obtaining a default judgment is a

two-step process. First, when a defendant has failed to plead or

otherwise respond, a plaintiff may request the entry of default

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by the Clerk of the Court. See Fed. R. Civ. P. 55(a). Second,

after the Clerk has entered the party’s default, a plaintiff may

then obtain a judgment by default by either: (1) asking the Clerk

to enter judgment, if the judgment is a sum certain, or (2) by

applying to the Court. See Fed. R. Civ. P. 55(b). A district

court has considerable latitude in determining the amount of

damages. Jones v. Winnepesaukee Realty, 990 F.2d 1, 4 (1st Cir.

1993). Upon a showing of specified damages, the court may enter

judgment without conducting a hearing. Transatlantic Marine

Claims Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105, 111 (2d

Cir. 1997). “It is familiar practice and an exercise of judicial

power for a court upon default, by taking evidence when necessary

or by computation from facts of record, to fix the amount which

the plaintiff is lawfully entitled to recover and to give

judgment accordingly.” Pope v. United States, 323 U.S. 1, 12, 65

S.Ct. 16, 89 L.Ed. 3 (1944).

B. Motion for Default Judgment

Defendant failed to answer the complaint or otherwise

plead. The Court may enter default judgment based on defendants’

failure to respond to plaintiffs’ complaint. See Federal

Maritime Com’n v. South Carolina State Ports Authority, 535 U.S.

743, 122 S.Ct. 1864 (2002) (“If a defendant fails to respond to a

complaint, default judgment may be entered on behalf of the

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plaintiff.”). Based upon plaintiffs’ unopposed allegations in

their complaint, defendant failed to make the required fringe

benefit contributions to the union employees’ pension funds

according to the terms of the signed CBA. See Lansford-Coaldale

Joint Water Authority v. Tonolli Corp., 4 F.3d 1209, 1226 (3d

Cir. 1993) (“[W]hen a party fails to respond to a complaint, it

is deemed to have admitted all the allegations in the

complaint.”). 

In support of their claim, plaintiffs submit the

certification of William J. Einhorn, the administrator of the

funds, stating that the present amount of overdue contributions

is $7,820. Plaintiffs also seek reimbursement of attorneys’ fees

in the amount of $4,300. Plaintiffs submitted a detailed log of

their attorney’s time of 17.2 hours, at a rate of $250 per hour,

with a breakdown of the legal activity performed in this matter. 

Plaintiffs also seek $449.29 in litigation costs for filing fees,

service fees, photocopying and postage. The Court finds that

plaintiffs have supported their claim for overdue contributions

and reasonable attorneys’ fees and costs. Accordingly, judgment

will be entered in plaintiffs’ favor in the total amount of

$12,569.29. 

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IV. CONCLUSION

For the foregoing reasons, plaintiffs’ motion for

default judgment will be granted, and judgment will be entered in

the amount of $12,569.29. 

 s/Noel L. Hillman 

NOEL L. HILLMAN, U.S.D.J

Dated: January 4, 2012 

At Camden, New Jersey

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