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Dugan v. SC Excavating

April 8, 2008

WILLIAM E. DUGAN, ET AL., PLAINTIFFS,
v.
SC EXCAVATING, INC., AN INDIANA CORPORATION, DEFENDANT.



The opinion of the court was delivered by: Judge James B. Moran

MOTION FOR ENTRY OF DEFAULT AND JUDGMENT AND FOR AN ORDER DIRECTING AN AUDIT

NOW COME Plaintiffs, by their attorneys, and move for entry of judgment by default against Defendant, SC EXCAVATING, INC., an Indiana corporation, in the total amount of $29,230.86, plus Plaintiffs' court costs and reasonable attorneys' fees in the amount of $991.25, and for an order directing an audit of Defendant's payroll books and records, said Defendant having failed to answer or otherwise plead to the Complaint and an audit being necessary to fully liquidate Plaintiffs' claims.

On March 6, 2008, the Summons and Complaint was served on the Registered Agent (by tendering a copy of said documents to his wife, Crystal) at his residence (a copy of the Summons and Affidavit of Service is attached hereto). Therefore, Defendant's answer was due on March 26, 2008. As Defendant has failed to timely answer the Complaint, Plaintiffs respectfully request entry of default and judgment.

Jennifer L. Dunitz-Geiringer

20080408

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