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International Painters and Allied Trades Industry Pension Fund v. Kosson Glass, Inc.

United States District Court, D. Maryland

December 21, 2016

INTERNATIONAL PAINTERS AND ALLIED TRADES INDUSTRY PENSION FUND, et al., Plaintiffs,
v.
KOSSON GLASS, INC. Defendant

          REPORT AND RECOMMENDATIONS

          Stephanie A. Gallagher United States Magistrate Judge

         This Report and Recommendations addresses the Complaint in Confession of Judgment that Plaintiffs, International Painters and Allied Trade Industry Pension Fund (“Fund”)[1] filed against Defendant Kosson Glass, Inc. (“Kosson”). [ECF No. 1]. On November 28, 2016, in accordance with 28 U.S.C. § 636 and Local Rules 301 and 302, Judge Garbis referred this case to me to review Plaintiffs' Complaint in Confession of Judgment and to issue a Report and Recommendations. [ECF No. 4]. For the reasons stated herein, I recommend that the Clerk of the Court enter the confessed judgment.

         Local Rule 108.1.a requires that a plaintiff seeking entry of a confessed judgment file a complaint, accompanied by:

1. the written instrument that
(a) authorizes the confessed judgment; and
(b) entitles the plaintiff to a claim for liquidated damages;
2. an affidavit of the plaintiff or someone on behalf of the plaintiff, stating:
(a) the circumstances under which the defendant executed the written instrument;
(b) the age and education of the defendant, if known;
(c) the amount due under the written instrument; and
(d) the defendant's post office address (including the street address if needed to effect mail delivery).

         The Court may direct the entry of judgment upon a finding that the documents attached to the Complaint prima facie establish:

1. the defendant's voluntary, knowing, and intelligent ...

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