LABORERS' COMBINED FUNDS OF WESTERN PENNSYLVANIA v. TRAFFIC TECHNOLOGIES, INC. et al
LABORERS' COMBINED FUNDS OF WESTERN PENNSYLVANIA |
TRAFFIC TECHNOLOGIES, INC. and GARY J. CANGEY |
2:2015cv00218 |
February 17, 2015 |
US District Court for the Western District of Pennsylvania |
Pittsburgh Office |
Allegheny |
Cathy Bissoon |
Lisa Pupo Lenihan |
Employee Retirement Income Security Act of 1974 |
29 U.S.C. ยง 1132 |
Plaintiff |
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Filing 10 ORDER granting 8 Plaintiff's Motion for Default Judgment, as follows. Plaintiff's Motion asserts that the amounts of interest, liquidated damages/late charges, and attorneys' fees are identified in the CBA. To establish these amount s, Plaintiff refers back to the allegations in the Complaint. The Complaint, however, likewise fails to identify relevant provisions of the CBA. The Court independently has reviewed Plaintiff's documents and has found provisions confirming the rates claimed. While the Court is mindful of Plaintiff's desire to save time and contain costs, the Court cannot condone the "cutting of corners," or the shifting of burdens from counsel to the Court in identifying adequate support for requested relief. These and (other things, as explained in this Order) being said, and given the Court's independent determination that supportive provisions are contained in the CBA documents, Plaintiff's Amended Motion for Default Judgment (Doc. 8 ) is GRANTED. Judgement is entered, as described in this Order. Signed by Judge Cathy Bissoon on 4/20/15. (dcd) |
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