The opinion of the court was delivered by: Hon. Joseph H. Rodriguez
MEMORANDUM OPINION AND ORDER
This matter comes before the Court on an unopposed motion of Plaintiffs Teamsters Health and Welfare Fund of Philadelphia and Vicinity ("Welfare Fund") and Teamsters Pension Trust Fund of Philadelphia and Vicinity ("Pension Fund") (collectively "Funds") and William J. Einhorn, an administrator and fiduciary with respect to the Funds seeking entry of default judgment pursuant to Fed. R. Civ. P. 55 against Defendant J & F Produce, Inc. ("Defendant"). For the reasons stated below, Plaintiffs motion will be granted.
Under 29 U.S.C. § 186(c)(5), Plaintiffs Welfare Fund and Pension Fund are trust funds and pursuant to 29 U.S.C. § 1002(37), (1), (2), and (3) a "multiemployer plan" and "employee benefit plan."
Plaintiff William J. Einhorn ("Einhorn") is an administrator and fiduciary to the Funds pursuant to 29 U.S.C. § 1002(21).
Defendant J & F Produce, Inc. is a Pennsylvania corporation and an employer in an industry affecting commerce as established in 29 U.S.C. § § 152 (2), (6) and (7), 1002(5), (11) and (12).
According to the Collective Bargaining Agreement ("CBA") between the Defendant and the Local Union No. 115 of the International Brotherhood of Teamsters, Defendant agreed to pay monthly contributions to the Funds for the time worked by or paid to employees who performed work covered by the terms and conditions of the CBA. (Complaint ¶ 7; Pl.'s Mot. 6.) To date, Defendant has failed to pay contributions for the months of January 2008 and February 2008. Plaintiffs, through counsel, sent a final demand letter requesting payment of the outstanding March 2008 contributions of $4,873.76, plus outstanding liquidated damages. Plaintiffs also requested that the Defendant contact the Funds about an audit. (Exhibit 1.)
On October 7, 2008, Plaintiffs filed a Complaint alleging Defendant violated the CBA with the Union, and thus violated the Employee Retirement Income Security Act, Section 515 of 29 U.S.C. § 1145. ( Pl.'s Mot. 7.) Plaintiffs seek $8,567.67 in unpaid contributions to the Funds plus any delinquencies incurred during the pendency of this action, together with liquidated damages, interest and costs, including reasonable attorney's fees incurred in this action or the collection or enforcement of any judgment. (Complaint ¶ 12.)
The Summons and the Complaint for this matter were served upon Defendant on October 16, 2008. (Pl.'s Mot. 6.) On January 8, 2009, Plaintiffs requested Entry of Default as to Defendant. (Pl.'s Mot. at 6.) The Clerk entered default on the next day. (Docket Entry # 5.) OnFebruary 2, 2o09, Plaintiffs moved for default judgment against Defendant. To date, Defendant has not responded to the Complaint or requested an extension. Further, Defendant has not opposed the instant motion for default judgment.
Plaintiffs move for Default Judgment pursuant to Rule 55 of the Federal Rules of Civil Procedure. Rule 55 provides, in relevant part:
(a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or ...