United States of America v. Duran Lopez Construction, LLC

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
DURAN LOPEZ
CONSTRUCTION, LLC,
Defendant.
:
:
Case No. 2:25-cv-590
Chief Judge Sarah D. Morrison
Magistrate Judge Chelsey M.
Vascura
ORDER
On May 28, 2025, the United States of America filed suit against Duran
Lopez Construction, LLC to collect debts resulting from violations of the
Occupational Safety and Health Act of 1970. (Compl., ECF No. 1.) Process was
served on August 28, 2025. (ECF No. 5.) Duran Lopez Construction failed to
respond to the Complaint in any way before the deadline. Accordingly, the United
States applied to the Clerk for an entry of default, pursuant to Rule 55(a). (ECF No.
6.) Default was entered on November 7, 2025. (ECF No. 7.) The United States then
filed a Motion for Default Judgment. (ECF No. 8.) The time for responding has
passed, and no response was filed. For the reasons below, the Motion is GRANTED.
I. BACKGROUND
“Once default is entered, the defaulting party is deemed to have admitted all
of the well-pleaded allegations in the complaint regarding liability[.]” Zinganything,
LLC v. Import Store, 158 F. Supp. 3d 668, 670 (N.D. Ohio 2016); see also Fed. R.
Case: 2:25-cv-00590-SDM-CMV Doc #: 9 Filed: 12/18/25 Page: 1 of 3 PAGEID #: <pageID>

2
Civ. P. 8(b)(6). The following factual allegations from the Complaint are deemed
admitted due to Duran Lopez Construction’s default.
On July 27, 2021, the Department of Labor issued a Citation and Notification
of Penalty following a February 2021 investigation into Duran Lopez Construction’s
operations. (Compl., ¶ 5; ECF No. 1, PAGEID # 6.) The penalties assessed in that
Citation totaled $ 16,091.00. (Compl., ¶ 5; ECF No. 1, PAGEID # 14.) Six months
passed, and Duran Lopez Construction failed to pay. (Compl., ¶ 6.) The Department
of the Treasury sent a demand letter seeking $ 19,574.97, to account for the
penalties plus interest and administrative costs accrued in accordance with 31
U.S.C. § 3717. (Compl, ¶¶ 6–7; ECF No. 1, PAGEID # 17, 19–20.) Duran Lopez
Construction made a partial payment, reducing the principal debt to $ 14,497.29.
(Compl., ¶ 7; PAGEID # 19.) As of May 13, 2025, the total debt due and owing
totaled $ 23,318.82. (Compl., ¶ 7; PAGEID # 19–20.) Through this action, the
United States seeks to collect on that debt.
II. DISCUSSION
Once default has been entered, the Court may rule on default judgment
against a defendant with or without a hearing. Fed. R. Civ. P. 55(b). Although the
well-pled factual allegations of a complaint are accepted as true for the purpose of
determining liability, the Court must still determine whether those facts state a
claim upon which relief may be granted. Zinganything, 158 F. Supp. 3d at 672
(citing J&J Sports Prods., Inc. v. Rodriguez, No. 1:08-cv-1350, 2008 WL 5083149, at
*1 (N.D. Ohio Nov. 25, 2008)). Nonetheless, “those allegations relating to the
amount of damages suffered are ordinarily not [accepted as true], and a judgment
Case: 2:25-cv-00590-SDM-CMV Doc #: 9 Filed: 12/18/25 Page: 2 of 3 PAGEID #: <pageID>

3
by default may not be entered without a hearing on damages unless the amount
claimed is liquidated or capable of ascertainment from definite figures contained in
the documentary evidence or in detailed affidavits.” Brinager v. JAO Distribs., Inc.,
No. 1:14-cv-252, 2014 WL 3689147, at *1 (S.D. Ohio July 23, 2014) (Black, J.) (citing
Dundee Cement Co. v. Howard Pipe & Concrete Prods., Inc., 722 F.2d 1319, 1323
(7th Cir. 1983)).
Based on the well-pled allegations in the Complaint, its exhibits, and the
exhibits Plaintiffs submitted in support of their Motion for Default Judgment, the
Court concludes that there is sufficient basis for determining Duran Lopez
Construction’s liability and damages without the need for a hearing.
III. CONCLUSION
Default judgment is ENTERED against Duran Lopez Construction on the
United States’ claim for enforcement of a civil penalty. Duran Lopez Construction is
ORDERED to pay the following to the United States:
• Principal: $ 14,497.29
• Statutory Interest (at 1.00%): $ 376.93
• Statutory Penalty (at 6.00%): $ 2,261.58
• Statutory Administrative Fees: $ 6,183.02
for a total of $ 23,318.82. Interest shall accrue at the rate found in 28 U.S.C. § 1961
from the date of this Judgment.
IT IS SO ORDERED.
/s/ Sarah D. Morrison
SARAH D. MORRISON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
Case: 2:25-cv-00590-SDM-CMV Doc #: 9 Filed: 12/18/25 Page: 3 of 3 PAGEID #: <pageID>