Opinion
2:20-CV-01995-CCW-CRE
09-13-2021
OPERATING ENGINEERS LOCAL 66, AFL-CIO AND CONSTRUCTION INDUSTRY COMBINED FUNDS, INC., Plaintiff, v. EAST COAST PAVING & SEAL COATING, INC., BARBARA S. HASSON, BARRY MILES, Defendants.
OPINION
CHRISTY CRISWELL WIEGAND, UNITED STATES DISTRICT JUDGE
Before the Court is Plaintiff Operating Engineers Local 66, AFL-CIO and Construction Industry Combined Funds, Inc.'s (together “Plaintiff”) Motion for Default Judgment against Defendants East Coast Paving & Seal Coating, Inc. and Barry Miles. ECF No. 34.
On December 23, 2020, Plaintiff filed the Complaint against Defendants East Coast Paving & Seal Coating, Inc. (“East Coast Paving”), Barbara Hasson, and Barry Miles. ECF No. 1. The Court affirmed Chief Magistrate Judge Eddy's Report and Recommendation with certain modifications as to a Motion for Default Judgment against Defendant Hasson on June 10, 2021. ECF No. 24. Plaintiff served Defendants East Coast Paving & Seal Coating, Inc. and Barry Miles on July 19, 2021. ECF Nos. 30, 31. Plaintiff requested that the Clerk enter default against Defendants East Coast Paving & Seal Coating, Inc. and Barry Miles on August 17, 2021. ECF No. 32. The Clerk entered default against Defendants East Coast Paving & Seal Coating, Inc. and Barry Miles on August 18, 2021. ECF No. 33. On September 8, 2021, Plaintiff moved for default judgment against Defendants East Coast Paving & Seal Coating, Inc. and Barry Miles. ECF No. 34.
Under Federal Rule of Civil Procedure 55(a), the clerk may enter judgment against a party where the plaintiff's claim is for a sum certain or a sum that can be made certain by computation and the plaintiff submits an affidavit showing the amount due. Fed.R.Civ.P. 55(a).
Here, Plaintiff seeks a sum certain, or a sum that can be made certain by computation, and submitted an adequate affidavit showing that they are entitled to the judgment amount of $88, 331.05 for Count 1 against Defendant East Coast Paving & Seal Coating, Inc. a/k/a East Coast Paving & Sealcoating, Inc., $83, 314.82 for Count II against Defendant Barry Miles and $4, 945.16 for Count III against Defendant Barry Miles. ECF No. 34-1.
Based on the record before it, the Court grants Plaintiff's Motion for Default Judgment as follows:
Count I
Principal per Paragraph 10 of Complaint $54, 064.22
Interest through December 23, 2020 per Paragraph 10 of Complaint $12, 137.26
Interest from December 24, 2020 through August 31, 2021 (250 days at $17.77 per day) per Paragraph 10 $4, 442.50
Liquidated Damages per Paragraph 10 $1, 031.57
SUBTOTAL for Count I $71, 675.55
Costs per Paragraphs 11 and 12 of Attorney Leech's Declaration, ECF No. 35-1. $527.00
Attorneys' Fees Per Paragraphs 10 and 12 of Attorney Leech's Declaration, ECF No. 35-1. $16, 128.50
TOTAL $88, 331.05
Count II
Principal per Paragraph 26 of the Complaint $50, 279.72
Interest through December 23, 2020 per Paragraph 26 of the Complaint $11, 287.65
Interest from December 24, 2020 through August 31, 2021 (250 days at $16.53 per day) per Paragraph 26 of the Complaint $4, 132.58
Liquidated damages per Paragraph 26 of the Complaint $959.36
SUBTOTAL for Count II $66, 659.31
The Court notes a rounding error in Motion and has rectified the error. ECF No. 34 at ¶17.
Costs per Paragraphs 11 and 12 of Attorney Leech's Declaration, ECF No. 35-1. $527.00
Attorneys' Fees Per Paragraphs 10 and 12 of Attorney Leech's Declaration, ECF No. 35-1. $16, 128.50
TOTAL $83, 314.81
Count III
Principal per Paragraph 34 of the Complaint $3, 784.50
Interest through December 23, 2020 per Paragraph 36 of the Complaint $849.61
Interest from December 24, 2020 through August 31, 2021 (250 days at $1.24 per day) per Paragraph 36 of the Complaint $311.05
SUBTOTAL for Count III $4, 954.16
The Court also awards additional interest from August 31, 2021 until the date of this Opinion: (1) at the rate of 1% per month or $17.77 per day for Count I against Defendant East Coast Paving & Seal Coating, Inc. a/k/a East Coast Paving & Sealcoating, Inc.; (2) at the rate of 1% per month or $16.53 per day for Count II against Defendant Barry Miles; (3) and at the rate of 1% per month or $1.24 per day for Count III against Defendant Barry Miles.