1:25-cv-12037•Cotter v. Boston Builders, Inc.
Gesamter Gesetzestext
Deborah Cotter,
United States District Court
District of Massachusetts
Plaintiff,
v.
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)
)
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)
Civil Action No.
25-12037-NMG
Boston Builders, Inc.,
Defendant.
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MEMORANDUM & ORDER
GORTON, J.
This action is brought by plaintiff Deborah Cotter
(" plaintiff " ) against defendant Boston Builders , Inc .
(" defendant " ) to recover alleged delinquent payments . Pending
before the Court is a motion of plaintiff for default judgment .
For the reasons hat follow , plaintiff ' s motion will be allowed .
I. Facts
Plaintiff initiated thi s action in July 2025 on behalf of
herself and a union she represents . According to the complaint ,
plain iff is the Administrator of the Painters and Allied Trades
District Council No . 35 Trust Funds (collectively , " Plaintiff
Funds " ) , which are designated for employees under a collective
bargaining agreement (" the CBA " ) and three Trust Agreements
between union laborers and their employers .
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Case 1:25-cv-12037-NMG Document 12 Filed 03/16/26 Page 1 of 7Defendant is a Massachusetts corporation and is obligated , under the CBA and Trust Agreements , to make contributions to the Plaintiff Funds for certain employees . It did not make timely contributions to the Plaintiff Funds in June or July 2025 , but belatedly made contributions two months after each one was due . Although defendant was served in July 2025 , it di d not answer or otherwise respond to plaintiff ' s complaint . As such , this Court entered a notice of default on October 9 , 2025 , which was mailed to defendant on the same day . Now , plaintiff moves for entry of default judgment against defendant and seeks monetary damages . II. Legal Standard Under Fed . R . Civ . P . 55 , a district court may enter a default judgment where a defendant has failed to plead or otherwise defend itself . A final entry of default judgment requires a two-step process . First , the Clerk enters a notice of default . Id . 55(a) , after which the Court may enter default judgment upon application of the plaintiff . Id . 55(b) . Once a notice of default judgment is entered under Rule 55(a) , the Court presumes that all well - pled factual allegations in the complaint are true . See Sec . & Exch . Comm ' n v . Tropikgadget FZE , 146 F . Supp . 3d 270 , 275 (D . Mass . 2015) Nevertheless , a default judgment will not be entered unless 1) the Court has both personal and subject matter jurisdiction , 2) 2 Case 1:25-cv-12037-NMG Document 12 Filed 03/16/26 Page 2 of 7
the allegations in the complaint state a cognizable claim of
liability against defendant and 3) those allegations merit a n
award of damages . Groden v . Epstein , No . 24 - CV - 10303 - ADB , 2024
WL 4519724 , at *1 (D . Mass . Oct . 17 , 2024) ; Mantouvalos v .
Mantouvalos , 319 F . R . D. 420 , 421 (D . Mass . 2017) .
III. Analysis
a. Jurisdiction
Before granting default judgment , the Court has " an
affirmative du y " to ensure that it has jurisdiction " over both
the subject matter and the parties ." Groden , 2024 WL 4519724 , at
*2 ; see also Hugel v . McNell , 886 F . 2d 1 , 3 n . 3 (1st Cir . 1989) .
This Court has personal jurisdiction over defendant becau s e
it is incorporated and has a principal place of business in
Massachusetts . Daimler AG v . Bauman , 571 U. S . 117 , 118 (20 1 4)
(" The paradigm all - purpose forums for general jurisdiction are a
corporation ' s place of incorporation and principal place of
business ." ) . Further , despite its failure to respond , defendant
received both service of process and notice of default .
This Court likewise has subject matter jurisdiction ove r
plaintiff ' s Employee Retirement Income Security Act (" ERI SA" )
claim because it presents a question of federal law over whi ch
district courts have original jurisdiction and plaintiff al l ege s
that she is a " iduciary " under the statute . See 28 U. S . C .
§1331; 29 U. S . C . §1132(e) (1) (" [T]he district courts of the
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Case 1:25-cv-12037-NMG Document 12 Filed 03/16/26 Page 3 of 7United States shal l have exclusive jurisdiction of civil actions under this subchapter brought by . beneficiary , [or] fiduciary b. Liability . a participant , • II ) The Court must also assess plaintiff ' s complaint and determine whether it states a cause of action and establishes defendant ' s liabi l ity . Groden , 2024 WL 4519724 , at *2 . In so doing , the Court must accept as true all we l l -p led factual allegations . See Franco v . Selective Ins ., 184 F . 3d 4 , 9 n . 3 (1st Cir . 1999) . Plaintiff here alleges a single claim for relief : defendant violated 29 U. S . C . §1132(g) (2) , the CBA and the Trust Agreements by being habitually late in its payment to the Plaintiff Funds , particularly for June and July 2025 . To present a viable delinquent contributions claim , a plaintiff must esta blish that the defendant (1) is obligated to make contributions under a collectiv e bargaining agreeme n t and (2) has failed to make such contributions i n accordance with the terms and conditions of the agreement . 29 U. S . C . §1145 ; see Rubenstein v . Tri - State Transp ., 646 F . Supp . 1 , 2 (D . Mass . 1984) (granting summary judgment against defendant who signed the CBA and did not make agreed upon contributions) . Here , plaintiff alleges that (1) defendant is an employer under the CBA and Trusts Agreements and is therefore required to 4 Case 1:25-cv-12037-NMG Document 12 Filed 03/16/26 Page 4 of 7
make contributions to the Pl aintiffs Funds and (2) defendant
repeatedly violated the terms of the CBA by making contributions
after the agreed upon date each month . Plaintiff ' s complaint
thus offers su ff icient allegations to establish a cognizable
claim for relief . Rubenstein , 646 F . Supp . at 2 ; Franco , 184
F . 3d at 9 n . 3 .
c. Damages
Once the Cour t finds a cognizable claim , it must ascertain
what damages are warranted . Groden , 2024 WL 4519724 , at *3 . In
calculating damages , the Court may conduct a hearing but is not
required to , especially where the facts al le ged adequately
establish the amount warranted by the defau l t judgment . In re
The Home Rests ., I nc ., 285 F . 3d 111 , 114-15 (1st Cir . 2002) ; see
also HMG Prop . Inve stors , In c . v . Parque Indus . Rio Canas , Inc .,
847 F . 2d 908 , 919 (1st Ci r . 1988) (" [I]f arriving at the
judgment amount i nvo lve s nothing more than arithme ic , i . e . the
making of computat i ons wh ic h may be fi gured from the record , a
default judgment can be entered without a hearing of any
kind . " ) . A court may request additional affidavits from the
moving party to determine damages as a matter o f fact . In re The
Home Restaurants , In c ., 285 F . 3d 111 , 114 (1st Cir . 2002) .
Plainti ff requests damages in the form of (1) liquidated
damages pursuant to the CBA of $6 , 152 (2) attorney ' s fees and
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Case 1:25-cv-12037-NMG Document 12 Filed 03/16/26 Page 5 of 7costs of $2 , 094 and (3) inte rest for the delinquent contributions of $1 , 504 , for a total of $9 , 750 . Plaintiff has provided an affidavit certifying that the total amount of delinquent contributions for June and July 2025 was $30 , 760 , which is suf fici ent to establish that amount as fact . In re T he Home Restaur ants , Inc ., 285 F . 3d at 114 . Plaintiff requests 20 % of that principal amount , the maximum allowed under the CBA . That request will be approved . Plaintiff ' s attorney has provided an affidavit that , based upon her firm ' s reasonable billing rate , her fees and additional costs in the case come to a total of $2 , 094 . also be appro ve d . That amount will While the CBA permits the collection o f inte rest on delinquent contributions , plaintiff ' s motion and accompanying affidavit fail to su fficient ly describe the delinquent payments for the Court to accept the claim . will therefore be den ied . 6 The request for interest Case 1:25-cv-12037-NMG Document 12 Filed 03/16/26 Page 6 of 7
- • • I; It ORDER For the f oregoing reasons , plaintiff ' s motion for default judgment (Docket no . 9) is , with respect to liquidated damages and attorney ' s fees , ALLOWED, but , with respect to interest , DENIED. Plaintiff , Deborah Cotter , is awarded damages in the amount of $9 , 750. So ordered. Nathaniel M. Gor ~ n Senior United States District Judge Dated : March /6 , 2026 7 Case 1:25-cv-12037-NMG Document 12 Filed 03/16/26 Page 7 of 7
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