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BRICKLAYERS v. J&R KMS CUSTOM FLOORING

United States District Court, S.D. California


September 23, 2005.

BRICKLAYERS JOINT ARBITRATION BOARD OF SAN DIEGO AND IMPERIAL COUNTIES, a California Nonprofit Corporation, Plaintiff,
v.
J&R KMS CUSTOM FLOORING, INC., a Nevada Corporation, Defendant.

The opinion of the court was delivered by: ROGER BENITEZ, District Judge

JUDGMENT BY DEFAULT

[Fed.R.Civ.P. 55(b) (2)]

  Upon the default of defendant J&R KMS CUSTOM FLOORING, INC., a Nevada Corporation, entered June 10, 2005, and after hearing evidence and argument in plaintiff's noticed motion for default judgment, pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure, the Court hereby GRANTS the motion.

  IT IS THEREFORE ORDERED THAT JUDGMENT be entered in favor of plaintiff BRICKLAYERS JOINT ARBITRATION BOARD OF SAN DIEGO AND IMPERIAL COUNTIES, against defendant J&R KMS CUSTOM FLOORING, INC., a Nevada Corporation, pursuant to Fed.R.Civ.P. 55(b)(2) and 29 U.S.C. § 1132(g)(2), in the amount of $17,114.63 principal, and $2,414.51 interest.

  Plaintiff has elected to have judgment entered on its Second Claim, rather than the alternative First Claim, which is therefore DISMISSED as superseded by the Second Claim.

  IT IS FURTHER ORDERED that plaintiff be awarded its fees and costs, pursuant to 29 U.S.C. § 1132(g)(2)(D). IT IS FOUND that the fees of $6,575.00, based on 26.3 hours at the rate of $250.00, are reasonable; and that the costs of $256.72, as itemized in plaintiffs motion, are reasonable and necessary.

  The total judgment entered is therefore $26,387.12.

  SO ORDERED.

20050923

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