IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
January 3, 2012
LESTER KAUFFMAN, AS TRUSTEE OF THE UNION TROWEL TRADES BENEFIT FUNDS OF CENTRAL PENNSYLVANIA; :
JAMES BOLAND, AS TRUSTEE OF BRICKLAYERS AND TROWEL TRADES INTERNATIONAL PENSION FUND AND INTERNATIONAL MASONRY INSTITUTE; THOMAS B. GEORGE, JR., AS TRUSTEE OF THE PA LOCAL 47 BRICKLAYERS AND ALLIED CRAFTSMEN PENSION PLAN, PLAINTIFFS
STRUC-TITE RESTORATION, INC., DEFENDANT
The opinion of the court was delivered by: Judge Conner
AND NOW, this 3rd day of January, 2012, upon consideration of plaintiffs' motion (Doc. 6) for default judgment, and upon further consideration of the affidavits attached thereto, and it appearing that the summons and complaint were served on defendant by process server on September 28, 2011, (Doc. 3), but that, as of the date of this order, defendant has not pled, see FED. R. CIV. P. 12 (stating that "[a] defendant must serve an answer . . . within 21 days after being served with the summons and complaint"), or otherwise defended itself in the above-captioned case, and it further appearing that the clerk of court entered default in the above-captioned case on October 27, 2011, (Doc. 5), and the court finding that entry of default judgment is appropriate,*fn1 and that, based on the record, plaintiff has proven damages with sufficient certainty and that no further inquiry is necessary, see FED. R. CIV. P. 55(b)(2) (providing that "[t]he court may conduct hearings" as necessary to "determine the amount of damages"); see also Rhino Assocs. L.P. v. Berg Mfg. & Sales Corp., 531 F. Supp. 2d 652, 657 (M.D. Pa. 2007) (holding that a hearing was unnecessary when the evidence on fees and damages was not opposed and unambiguous), and the court noting that "a default judgment must not differ in kind from, or exceed in amount, what is demanded in the pleadings"*fn2 see FED. R. CIV. P. 54(c) (emphasis added), it is hereby ORDERED that:
1. The motion (Doc. 6) is GRANTED.
2. The Clerk of Court is directed to enter JUDGMENT in favor of plaintiffs and against defendant, in the following amounts:
a. $9,321.93 in damages; and
b. $420.00 in attorney's fees; and
c. $537.50 in costs.
3. The Clerk of Court is directed to CLOSE this case.
CHRISTOPHER C. CONNER United States District Judge