Trustees of the Plumbers and Pipefitters National Pension Fund v. Alpha Omega Mechanical L.L.C.

District Court, E.D. Virginia

Trustees of the Plumbers and Pipefitters National Pension Fund v. Alpha Omega Mechanical L.L.C.

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division TRUSTEES OF UNITED ASSOCIATION ) NATIONAL PENSION FUND, ) Plaintiff, v. ) Civil Action No. 1:21-cy-1154 ALPHA OMEGA MECHANICAL, LLC, Defendant. ORDER On February 18, 2022, United States Magistrate Judge John F. Anderson entered the Proposed Findings of Fact and Recommendation (the “Report”) in this case, recommending that default judgment be entered in favor of Plaintiff Trustees of the United Association National Pension Fund and against Defendant Alpha Omega Mechanical, LLC. Upon consideration of the record and Judge Anderson’s Report, to which no objections have been filed, and having found no clear error, ' The Court ADOPTS, as its own, the findings of fact and recommendations of the United States Magistrate Judge, as set forth in the Report (Dkt. 14). Accordingly, It is hereby ORDERED that plaintiff's motion for default judgment (Dkt. 10) is GRANTED.

' See Diamond v. Colonial Life & Acc. Ins. Co.,

416 F.3d 310, 315

(4th Cir. 2005) (in the absence of any objections to a magistrate’s report, the court “need not conduct a de novo review, but instead must ‘only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.’”).

It is further ORDERED that DEFAULT JUDGMENT be entered in favor of Plaintiff and against Defendant. It is further ORDERED that default judgment is entered against Defendant and in favor of Plaintiff in an amount of $110,663.36, which consists of (i) $88,524.90 in unpaid contributions for June 2020 and December 2020 through September 2021; (ii) $8,852.49 in liquidated damages; (iii) $10,188.93 in interest through February 18, 2022; (iv) $2,343.75 in attorney’s fees; and (v) $753.29 in costs. The Clerk of the Court is directed to enter Rule 58 judgment against Defendant and in favor of Plaintiff in an amount of $110,663.36, which consists of (i) $88,524.90 in unpaid contributions for June 2020 and December 2020 through September 2021; (ii) $8,852.49 in liquidated damages; (iii) $10,188.93 in interest through February 18, 2022; (iv) $2,343.75 in attorney’s fees; and (v) $753.29 in costs. The Clerk is further directed to provide a copy of this Order to all counsel of record, to Defendant’s last known addresses of record, and to place this matter among the ended causes.

Alexandria, Virginia April 28, 2022

T. S. Ellis, HI United States Mi Judge

Reference

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