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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN
____________________________________________ OPERATING ENGINEERS LOCAL 139 HEALTH BENEFIT FUND; CENTRAL PENSION FUND OF THE INTERNATIONAL UNION OF OPERATING ENGINEERS AND PARTICIPATING EMPLOYERS; W ISCONSIN OPERATING ENGINEERS SKILL IMPROVEMENT AND APPRENTICESHIP FUND; JOINT LABOR MANAGEMENT W ORK PRESERVATION FUND; TERRANCE E. MCGOW AN; and INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 139 AFL-CIO, Plaintiffs, v. HAW K CONSTRUCTION LLC, Defendant. ____________________________________________ Case No. 08-CV-597

ORDER
On July 11, 2008, plaintiffs filed a complaint against Hawk Construction, LLC ("Hawk") alleging Hawk failed to make timely contributions to plaintiffs on behalf of its employees covered by a collective bargaining agreement. A summons was returned executed by plaintiffs indicating Hawk was served on July 29, 2008. (Docket #5). Hawk having failed to answer or otherwise respond within the time required by the Federal Rules of Civil Procedure, plaintiffs moved for entry of default and for default judgment against Hawk on February 25, 2009. (Docket #7). The clerk of the court entered Hawk's default on February 26, 2009. Hawk has not responded to plaintiffs' motion for default. Upon initial review of plaintiffs' motion, the court was not convinced that plaintiffs' had adequately demonstrated their entitlement to damages. Rather than

grant a hearing or deny plaintiffs' motion outright, the court granted plaintiffs leave to supplement their motion. (Docket #13). On April 20, 2009, plaintiffs filed an additional brief in support. (Docket #14). The court now considers plaintiffs' motion. In its previous order, the court made the following findings based on the allegations in the complaint: (1) that Hawk violated the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C.

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