Board of Trustees of the Construction Industry and Laborers Joint Pension Trust v. John Jory, LLC ( 2024 )

2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 * * * 6 BOARD OF TRUSTEES OF THE Case No. 2:23-cv-00782-MMD-BNW CONSTRUCTION INDUSTRY AND 7 LABORERS JOINT PENSION TRUST ORDER FOR SOUTHERN NEVADA, et al., 8 Plaintiffs, 9 v. 10 JOHN JORY, LLC, et al., 11 Defendants. 12 13 Plaintiffs Board of Trustees of the Construction Industry and Laborers Joint 14 Pension Trust for Southern Nevada and the Construction Industry and Laborers Joint 15 Pension Trust for Southern Nevada allege that Defendants John Jory, LLC, John Jory 16 Corporation, and Johnson & Jory Properties, LLC failed to make required payments to 17 the Trust for their assessed withdrawal liability. (ECF No. 8.) Before the Court is Plaintiffs’ 18 motion for default judgment. (ECF No. 16.) The Court finds that default judgment is 19 proper. Plaintiffs have satisfied the procedural requirements for default judgment under 20 Fed. R. Civ. P. 55(b). The Clerk of Court properly entered a default against Defendants 21 under Fed. R. Civ. P. 55(a) because Defendants have failed to appear after having been 22 properly served. (ECF Nos. 7, 15.) Plaintiffs have also satisfied the factors for obtaining 23 default judgment articulated in Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986). 24 It is therefore ordered that Plaintiffs’ motion for default judgment (ECF No. 16) is 25 granted. Plaintiffs must file a proposed default judgment order within 10 days of the date 26 of this order, including an updated calculation of interest accrued on Defendants’ 27 defaulted withdrawal liability payments through the date of entry of judgment. 28 /// 1 DATED THIS 10" Day of April 2024. MIRANDA M. DU 4 CHIEF UNITED STATES DISTRICT JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28