Opinion
24-cv-10907
11-15-2024
REGIONAL COUNCIL OF CARPENTERS' EMPLOYEE BENEFITS FUND, et al., Plaintiffs, v. MICHIGAN STUDS AND WALLS, LLC, et al., Defendants.
ORDER REQUIRING PLAINTIFFS TO SERVE DEFENDANT NATHAN McCARDELL WITH NOTICE OF HEARING
MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE
In this action, Plaintiffs allege that Defendants Michigan Studs and Walls, LLC, Kevin Cox, and Nathan McCardell “violated both their contractual and statutory obligations by failing to make all of the fringe benefit contributions and assessments due on behalf of” Plaintiffs' employees. (Compl. at ¶ 12, ECF No. 1, PageID.5.) Plaintiffs served McCardell with the Complaint on July 17, 2024. (See Certificate of Service, ECF No. 17.) McCardell has not appeared in this action, and he has not filed any response to the Complaint. (See Dkt.) The Clerk of the Court entered a default against McCardell on August 14, 2024. (See Default, ECF No. 22.)
On August 15, 2024, Plaintiffs filed a motion for a default judgment against McCardell. (See Mot., ECF No. 23.) The Court has now issued a Notice of Hearing setting that motion for a Zoom electronic hearing on December 9, 2024, at 3:00 p.m.
By no later than November 25, 2024 , Plaintiffs shall serve McCardell with (1) the Notice of Hearing, (2) this order, (3) the Zoom link provided by the Court so that McCardell can access the Zoom hearing, and (4) a proposed default judgment. Plaintiffs may serve these documents on McCardell by the alternative means identified in the Court's order granting Plaintiffs' previous motion for alternative service. (See Mot., ECF No. 14; Order ECF No. 16.) In addition, by no later than November 25, 2024 , Plaintiffs shall file a Certificate of Service on the docket confirming that they have served McCardell with those documents. Finally, by no later than November 25, 2024 , Plaintiffs shall submit a proposed default judgment to the Court through the Utilities function of CM/ECF.
IT IS SO ORDERED.