Opinion
1:22-CV-1192 (MAD/CFH)
10-18-2023
SAMUEL FRESINA, ANTHONY FRESINA, CARMEN NICOTERA, JR., ANDREW SCIOCCHETTI, JOHN CAMPBELL, EUGENE HALLOCK, and LABORERS' LOCAL UNION NO. 190, Plaintiffs, v. CASALE EXCAVATION, INC., Defendant.
OFFICE OF ROBERT M. CHEVERIE GREGORY S. CAMPORA, ESQ. & ASSOCIATES Commerce Center One, Attorney for Plaintiffs
OFFICE OF ROBERT M. CHEVERIE GREGORY S. CAMPORA, ESQ. & ASSOCIATES Commerce Center One, Attorney for Plaintiffs
ORDER
Mae A. D'Agostino, U.S. District Judge:
On November 3, 2022, Samuel Fresina, Anthony Fresina, Carmen Nicotera, Jr., Andrew Sciocchetti, John Campbell, and Eugene Hallock, as Trustees and Fiduciaries of the Laborers' Local No. 190 Pension Fund, Laborers' Local No. 190 Annuity Fund, Laborers' Local No. 190 Health Fund, and Laborers' Local Union No. 190 (collectively, "Plaintiffs"), commenced this action against Casale Excavation, Inc. ("Defendant") for failing to pay required contributions under the Employee Retirement Income Security Act and the Labor Management Relations Act. See Dkt. No. 1. Presently before the Court is Plaintiffs' unopposed motion for default judgment. See Dkt. No. 18.
Section 2(G) of the Individual Rules and Practices of the Honorable Mae A. D'Agostino provides that, "[i]n addition to the requirements set forth in the Federal and Local Rules of Civil Procedure, a party moving for default judgment must include a certificate of service demonstrating that it has served the motion on the party against whom default is sought." Plaintiffs were provided notice of Judge D'Agostino's Individual Rules both in the Filing Order and through a text order. See Dkt. Nos. 8, 16. No such certificate of service has been filed.
Accordingly, the Court hereby
ORDERS that Plaintiffs' motion for default judgment (Dkt. No. 18) is DENIED without prejudice and with leave to renew upon compliance with Section 2(G); and the Court further
ORDERS that the Clerk of the Court shall serve a copy of this Order on the parties in accordance with the Local Rules.
IT IS SO ORDERED.