Employers and Laborers Locals 100 and 397 Pension Fund et al v. CJ Hamilton, LLC

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
EMPLOYERS AND LABORERS
LOCALS 100 AND 397 PENSION
FUND, an employee benefit plan,
et al.,
Plaintiffs,
v.
CJ HAMILTON, LLC,
Defendant.
Case No. 23-CV-03518-SPM
DEFAULT JUDGMENT
This civil case arises under the Employee Retirement Income Security Act of
1974, 29 U.S.C. §§ 1002–1193c (“ERISA”). This case was originally assigned to
Magistrate 	Judge 	Mark 	A. 	Beatty 	on 	October 	31, 	2023 	in 	accordance 	with
Administrative Order 347. (See Doc. 2). The case was then stayed from April 2, 2024
(Doc. 13) until January 8, 2025 (Doc. 28) while the parties attempted to negotiate a
settlement. After settlement discussions broke down, the Plaintiffs filed a Motion for
Entry of Default on January 10, 2025 (Doc. 29); the Clerk of Court entered default on
January 14, 2025 (Doc. 30). Now before the Court is the Plaintiffs’ Motion for Default
Judgment against Defendant CJ Hamilton, LLC (Doc. 33). This case was referred to
this Court on November 10, 2024. (Doc. 40). For the reasons below, the Plaintiffs’
Motion is GRANTED and Default Judgment is hereby ENTERED.
There are two stages to default. First, the Clerk of Court must enter a party’s
default “[w]hen a party against whom a judgment for affirmative relief has failed to
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plead or otherwise defend, and that failure is shown by affidavit or otherwise.” F ED.
R. CIV. P. 55. Then, the Court may enter a default judgment for the amount due. Id.
As noted supra, the Clerk of Court entered Defendants’ default on January 14, 2025.
(See Doc. 30). Plaintiff has provided evidence showing that Defendants failed to make
monthly contributions as required by the labor agreement and has provided damages
of a sum certain. (See Doc. 33, Exs. A, F). It is therefore appropriate for the Court to
enter a default judgment.
Accordingly, IT IS HEREBY ORDERED AND ADJUDGED that Plaintiffs
have a judgment against Defendant CJ Hamilton, LLC in the total amount of
$30,568.18, consisting of $23,688.97 in delinquent fringe benefit contributions,
$2,368.89 in liquidated damages, and $4,510.32 in attorneys’ fees and court costs.
IT IS SO ORDERED.
DATED: November 17, 2025
s/ Stephen P. McGlynn
STEPHEN P. McGLYNN
U.S. District Judge
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