Opinion
2:19-CV-00205-NBF
05-15-2019
STEELWORKERS PENSION TRUST, by DANIEL A. BOSH, CHAIRMAN; Plaintiff, v. JENSEN MANUFACTURING CO., Defendant
REPORT AND RECOMMENDATION
I. RECOMMENDATION
It is respectfully recommended that judgment be entered in favor of the Plaintiff, Steelworkers Pension Trust, by Daniel A. Bosh, Chairman and against Defendant Jensen Manufacturing Company, in the amount of $15,048.88.
II. REPORT
The instant lawsuit was initiated on February 25, 2019. The complaint was served upon Defendant on March 1, 2019, and after no appearance was entered for Defendant, default was entered against Defendant on May 3, 2019. Thereafter, Plaintiff moved for default judgment pursuant to Federal Rule of Civil Procedure 55.
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 and affidavit showing the amount due. Fed. R. Civ. P. 55(a). Here, Plaintiffs seek 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 $15,048.88.
Accordingly, it is respectfully recommended that the district judge enter the propose order and judgment set forth at ECF No. 8-1
III. CONCLUSION
Therefore, pursuant to 28 U.S.C. § 636(b)(1)(B) and (C), Federal Rule of Civil Procedure 72, and the Local Rules for Magistrates, the parties have until May 31, 2019 to file objections to this report and recommendation. Failure to file timely objections will constitute a waiver of any appellate rights. Brightwell v. Lehman, 637 F.3d 187, 193 n. 7 (3d Cir. 2011). Plaintiffs shall serve a copy of this Report and Recommendation upon Defendant at its last known addresses via regular first-class mail.
Dated: May 15, 2019.
Respectfully submitted,
s/Cynthia Reed Eddy
Chief United States Magistrate Judge cc: Honorable Nora Barry Fischer
via CM/ECF electronic filing
Counsel of record
via CM/ECF electronic filing