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International Union of Painters and Allied Trades District Counsel 711 Health & Welfare, Vacation, and Finishing Trades Institute Funds v. Havana Construction Corp.

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


April 22, 2010

INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES DISTRICT COUNSEL 711 HEALTH & WELFARE, VACATION, AND FINISHING TRADES INSTITUTE FUNDS, AND HARRY J. HARCHETTS AND CLEMENT SOMMERS,: AS TRUSTEES AND FIDUCIARIES FOR DISTRICT COUNCIL 711 HEALTH & WELFARE, VACATION AND FINISHING TRADES INSTITUTE FUNDS, PLAINTIFFS,
v.
HAVANA CONSTRUCTION CORPORATION ET AL., DEFENDANTS.

The opinion of the court was delivered by: Chesler, U.S.D.J.

ORDER

This matter comes before the Court on Plaintiffs' motion for default judgment as to Defendants Havana Construction Corporation and Lucia Martinez. The supporting affidavit by counsel claims damages for outstanding contributions in the amount of $5361.71, but the letters submitted as evidence of the amount of damages were written by the Funds' administrator, not by counsel, and the claimed amount of damages is not supported by any affidavit from one with personal knowledge of the amount of damages. Also, the supporting affidavit claims liquidated damages in the amount of 20% of total delinquent contributions, but does not demonstrate that such liquidated damages are provided for under the plan.*fn1 The motion for default judgment will be denied without prejudice, and Plaintiffs may refile the motion if supported by admissible evidence of damages.

For these reasons,

IT IS on this 22th day of April, 2010,

ORDERED that Plaintiffs' motion for entry of default judgment (Docket Entry No. 6) is DENIED without prejudice.

Stanley R. Chesler United States District judge


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