United States District Court, D. Hawaii
FINDINGS AND RECOMMENDATION TO GRANT PLAINTIFFS'
MOTION FOR ENTRY OF DEFAULT JUDGMENT AGAINST DKSL, LLC dba
RICHARD L. PUGLISI, Magistrate Judge.
filed their Motion for Default Judgment Against Defendant
DKSL, LLC dba Paramount Builders on December 29, 2014
("Motion"). ECF No. 13. Defendant was served with a
copy of the Motion, but did not file an opposition or
otherwise respond to the Motion. See ECF No. 13-6. The Court
found the Motion suitable for disposition without a hearing
pursuant to Rule 7.2(d) of the Local Rules of Practice of the
United States District Court for the District of Hawaii. ECF
No. 15. After careful consideration of the Motion, the
declaration, exhibits, and the record established in this
action, the Court FINDS AND RECOMMENDS that the Motion be
filed their Complaint against Defendant on October 23, 2015.
ECF No. 1. The Complaint alleges that Defendant entered into
a collective bargaining agreement agreeing to contribute and
pay to Plaintiffs certain amounts for employee benefits for
work performed by Defendant's covered employees. Compl.
Â¶Â¶ 6-9. Contributions were to be paid on or before due dates
specified in the collective bargaining agreement. Id
. Â¶ 7. Under the collective bargaining agreement, Defendant
also agreed to submit reports regarding the hours worked by
Defendant's covered employees and to permit audits and
allow inspections of Defendant's payroll records so that
Plaintiffs could ascertain whether all contributions had been
paid. Id . Â¶ 8. Plaintiffs claim that Defendant
breached the collective bargaining agreement by failing to
submit monthly reports for the hours worked by its covered
employees and failing to allow Plaintiffs to complete an
audit of Defendant's records for the months of January
2013 through September 2015. Id . Â¶Â¶ 13-14.
Plaintiffs claim they are entitled to an order directing
Defendant to submit the required reports and to allow an
audit pursuant to the terms of the collective bargaining
agreement and attorneys' fees. Id. at 8-9. The
Clerk entered default against Defendant pursuant to Rule
55(a) of the Federal Rules of Civil Procedure on December 14,
2015. ECF No. 12. The present Motion followed.
judgment may be entered for the plaintiff if the defendant
has defaulted by failing to appear and the plaintiff's
claim is for a "sum certain or for a sum which can by
computation be made certain[.]" Fed.R.Civ.P. 55(b)(1),
(2). The granting or denial of a motion for default judgment
is within the discretion of the court. Haw.
Carpenters' Trust Funds v. Stone, 794 F.2d 508,
511-12 (9th Cir. 1986). Entry of default does not entitle the
non-defaulting party to a default judgment as a matter of
right. Valley Oak Credit Union v. Villegas, 132 B.R.
742, 746 (9th Cir. 1991). Default judgments are ordinarily
disfavored, and cases should be decided on their merits if
reasonably possible. Eitel v. McCool, 782 F.2d 1470,
1472 (9th Cir. 1986). The court should consider the following
factors in deciding whether to grant a motion for default
(1) the possibility of prejudice to the plaintiff;
(2) the merits of plaintiff's substantive claim;
(3) the sufficiency of the complaint;
(4) the sum of money at stake in the action;
(5) the possibility of a dispute concerning material facts;
(6) whether the default was due to excusable neglect; and
(7) the strong policy underlying the Federal Rules of Civil
Procedure favoring decisions on the merits.
Eitel, 782 F.2d at 1471-72.
default "the factual allegations of the complaint,
except those relating to the amount of damages, will be taken
as true." TeleVideo Sys., Inc. v. Heidenthal,
826 F.2d 915, 917-18 (9th Cir. 1987) (quoting Geddes v.
United Fin. Group, 559 F.2d 557, 560 (9th Cir. 1977)).
The allegations in the complaint regarding liability are
deemed true, but the plaintiff must establish the relief to
which she is entitled. Fair Hous. of Marin v. Combs,
285 F.3d 899, 906 (9th Cir. 2002). Also, "necessary
facts not contained in the pleadings, and claims which are
legally insufficient, are not established by ...