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Heat and Frost Insulators and Allied Workers, AFL-CIO, Local Union No. 32 Annuity Fund v. Jersey Insulation Corp.

United States District Court, District of New Jersey

March 19, 2015

Heat and Frost Insulators and Allied Workers, AFL-CIO, Local Union No. 32 Annuity Fund, et al
v.
Jersey Insulation Corporation

LETTER ORDER

Dear Counsel:

Pending before this Court is Plaintiffs’[1] Motion for Default Judgment. (D.E. No. 10).

Local Civil Rule 7.1 provides that “[n]o application will be heard unless the moving papers and a brief, prepared in accordance with L.Civ.R. 7.2 . . . are filed with the Clerk . . . .” L.Civ.R. 7.1(d)(1) (emphasis added). Local Civil Rule 7.1 further states that “[i]n lieu of filing any brief . . . a party may file a statement that no brief is necessary and the reasons therefor.” L.Civ.R. 7.1(d)(4). Plaintiffs, however, have failed to file either a brief or a statement that no brief is necessary. (See D.E. No. 10). Plaintiffs’ default judgment motion is therefore improper under the Local Civil Rules. See Developers Sur. & Indemnity, Co., v. NDK Gen. Contractors, Inc., No. 06-0086, 2007 WL 542381, at *2 (D.N.J. Feb. 15, 2007) (“Because Plaintiff’s application [for default judgment] does not meet the requirements of Local Civil Rule 7.1(d)(1), the Court will not hear Plaintiff’s application.”).

Plaintiffs’ motion is therefore denied without prejudice. Plaintiffs may refile a default judgment motion, in compliance with this Court’s Local Civil Rules, within thirty (30) days of this order.

SO ORDERED.

Esther Salas, U.S.D.J.


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