Operating Engineers Local 139 Health Benefit Fund v. Rawson Plumbing, Inc.

ORDER

ADELMAN, District Judge.

Plaintiffs seek payments allegedly due under collective bargaining agreements and pension trust plans. Defendant Raw-son Plumbing, Inc. timely filed an “answer to summons” denying any indebtedness and asserting a counterclaim that in fact plaintiffs owe it money. Plaintiffs previously requested entry of judgment under Fed.R.Civ.P. 55(a) and moved for default judgment under Rule 55(b), alleging that defendant had failed to appear or otherwise defend within the meaning of Rule 55(a). The Clerk of Court properly declined to enter default in the face of defendant’s…