United States District Court, N.D. California
October 3, 2005.
NORTHWEST ADMINISTRATORS, INC., Plaintiff,
CARONE & SONS, INC., Defendant.
The opinion of the court was delivered by: CHARLES BREYER, District Judge
ORDER GRANTING DEFAULT JUDGMENT
Now before the Court is the plaintiff's motion for a default
judgment. Having carefully reviewed the papers submitted by the
plaintiff, the Court concludes that oral argument is unnecessary
and GRANTS the motion for a default judgment.
Plaintiff filed this action to recover unpaid contributions,
liquidated damages, and interest for payments due pursuant to a
collective bargaining agreement. The defendant did not answer the
complaint, and on March 28, 2005, the Clerk entered defendant's
default. Plaintiff subsequently filed this pending motion for a
default judgment. As of the date of this order, the defendant has
not responded to the motion for a default judgment and has not
otherwise communicated with the Court.
When a court is considering whether to enter a default
judgment, it has "an affirmative duty to look into its
jurisdiction over both the subject matter and the parties." In
re Tuli, 172 F.3d 707, 712 (9th Cir. 1999) ("To avoid entering a
default judgment that can later be successfully attacked as void, a court should determine whether
it has the power, i.e., the jurisdiction, to enter the judgment
in the first place."). Here, the defendant is a resident of
California, so the Court may exercise personal jurisdiction. The
Court has subject matter jurisdiction because the plaintiff's
claim arises under the Employee Retirement Income Security Act
(ERISA), 29 U.S.C. § 1132(e).
As the defendant has not answered the complaint, and as the
recovery sought is readily ascertainable and certain, the motion
for default judgment is GRANTED in the total amount of $5,042.39.
This amount consists of the delinquent employee benefit
contribution payments for the months of September 1004, October
2004 and January 2005, plus liquidated damages, interest and
IT IS SO ORDERED.
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