Opinion
Case Number 11-14963
01-19-2012
TRUSTEES OF SPRINKLER FITTERS LOCAL 704 DEFINED CONTRIBUTION FUND, Plaintiff, v. FLOW FIRE PROTECTION INCORPORATED and MICHAEL T. WOLF, Defendants.
Honorable David M. Lawson
ORDER GRANTING IN PART PLAINTIFF'S MOTION FOR
DEFAULT JUDGMENT AND ORDERING AUDIT
This matter is before the Court on the plaintiff's motion for default judgment against the defendants. On December 27, 2011, the clerk of court entered defaults against both defendants for failure to answer or otherwise defend against the allegations in the plaintiff's complaint. The plaintiff requests that a judgment be entered finding the defendants liable, awarding the plaintiff's costs and attorneys' fees, ordering an audit, and ordering the defendants to abide by the terms of the collective bargaining agreement.
The Court finds that the defendants "ha[ve] failed to plead or otherwise defend" this action, Federal Rule of Civil Procedure 55(a), and therefore the material allegations of the complaint are deemed admitted. However, damages have not been ascertained because of the need to conduct an audit. An audit shall be ordered to enable the Court to enter a judgment requiring the defendant to pay a sum certain, as provided by Rule 55(b). With respect to the request for an order requiring the defendants to abide by the terms of the collective bargaining agreement, the Court finds that such relief is unwarranted because the plaintiffs have an adequate remedy at law for any future violations of the collective bargaining agreement. See Women's Medical Professional Corp. v. Baird, 438 F.3d 595, 602 (6th Cir. 2006).
Accordingly, it is ORDERED that the plaintiffs' motion for default judgment [dkt. #9] is GRANTED IN PART and DENIED IN PART.
It is further ORDERED that the defendants make the following documents available to an auditor appointed by the plaintiff on or before February 9, 2012: all of the defendants' books, records, and accounts. The audit shall be completed on or before March 1, 2012. When the audit is complete, the plaintiff may apply for a judgment and present proof of the amount in contributions the defendants owe to the plaintiff. The application shall be made on or before March 15, 2012.
The plaintiff may renew its request for attorneys' fees when it presents its supplement to the motion for judgment.
It is further ORDERED that the plaintiff shall serve a copy of this order on the defendants by personal service on or before January 26, 2012. The plaintiff shall file a certificate confirming service as provided herein.
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DAVID M. LAWSON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on January 19, 2012.
DEBORAH R. TOFIL