Opinion
Civil Action No. ELH-19-2112
06-22-2020
SHEET METAL WORKERS LOCAL 100 (BALTIMORE AREA) HEALTH AND WELFARE FUND, Plaintiff, v. APPALACHIAN HEATING AND COOLING, LLC, Defendant.
REPORT AND RECOMMENDATION
This matter was referred to me on March 10, 2020, for a Report and Recommendation regarding the Motion for Default Judgment (the "Motion") (ECF No. 9). On July 18, 2019, the Plaintiff, Sheet Metal Workers Local 100 (Baltimore Area) Health and Welfare Fund, filed a Complaint alleging Defendant, Appalachian Heating and Cooling, LLC, failed to make required employee fringe benefit contributions. ECF No. 1. Plaintiff's Complaint set forth well supported facts alleging Defendant was required to make these contributions for February, March, April, and May 2019, yet failed to do so. The Complaint was served upon Defendant on July 23, 2019, and returned executed on October 2, 2019. See ECF No. 7. Defendant filed a Suggestion of Bankruptcy on August 27, 2019, which was withdrawn on September 20, 2019. ECF Nos. 5, 6.
Defendant did not file an Answer or any other responsive pleading, and on October 16, 2019, Plaintiff filed the Motion with appropriate support. ECF No. 9. The Clerk entered a Judgment by Default in accordance with Federal Rule of Civil Procedure 55(a) on October 17, 2019. ECF No. 10. Defendant did not file a response. The Motion is ripe for review and no hearing is necessary. See Loc.R. 105.6 (D.Md. 2018). I have reviewed the motion and attachments, along with the pleadings and docket in this case. I find that the Plaintiff has complied with Rule 55 in requesting a default judgment. I find that the Complaint sets forth a valid basis for the alleged violations, and those violations are well supported by the exhibits and affidavit of Claire M. Kratz. The Complaint also sets forth a valid and enforceable basis for relief.
Therefore, I recommend the Court adopt the findings in this Report and Recommendation and GRANT Plaintiff Judgment by Default. I have reviewed Plaintiff's requested damages, costs, and attorneys' fees and have determined they are fair and reasonable. See ECF No. 9 at 1. Accordingly, I recommend the Court adopt the relief in Plaintiff's Proposed Order (ECF No. 9-4). June 22, 2020
Date
/s/_________
A. David Copperthite
United States Magistrate Judge