L. Ed. 2d 142 (1970). Once the movant has produced affidavits or other evidence meeting this burden, however, Rule 56(e) prohibits the party opposing summary judgment from resting solely on the allegations contained in his pleading, and requires him instead to submit evidentiary materials raising a genuine issue of material fact. Id. at 160, 90 S. Ct. at 1610.
Here, plaintiff met his threshold showing, setting forth detailed evidence effectively eliminating any factual issues. In addition to counsel's declaration and the Treanor Aff., plaintiff produced various documentary evidence, including correspondence and the text of the CBA, that together demonstrate as a matter of law plaintiff's right to judgment. The plain and unambiguous terms of the CBA require defendants to make certain contributions to the plans at issue. The Treanor Aff. states unequivocally that although plaintiff demanded payment, defendants refused, and contributions went unpaid. Section 1145 of Title 29 obligates defendants to make contributions to the plans in accordance with the terms of the CBA. Section 1132(a) empowers plaintiff to sue to enforce these provisions, and plaintiff's right to the relief sought here is set forth clearly in Sections 1132(g)(1) and (2). Under these circumstances, the burden shifted to defendants to demonstrate the existence of a factual issue precluding summary disposition. As stated previously, defendants have remained silent, and in the absence of evidentiary materials generating an issue for trial, plaintiff is entitled to judgment as a matter of law. See Lewart v. Woodhull Care Center Assoc., 549 F. Supp. 879 (S.D.N.Y. 1982).
For the reasons set forth above, plaintiff's motion for summary judgment hereby is GRANTED, and judgment in favor of plaintiff shall be entered as herein specified:
1. Plaintiff is awarded summary judgment in the amount of $ 81,261.98 for delinquent contributions between the dates of March 3, 1993, and June 8, 1994, plus interest in the amount of $ 5,616.97 calculated through June 10, 1994, liquidated damages in the amount of $ 16,252.40, and attorneys' fees and costs totalling $ 8,672.33;
2. Defendants hereby are permanently enjoined from the date of service of this order from failing to comply with the terms of the CBA;
3. Plaintiff hereby is awarded summary judgment in an amount equal to those contributions found to be due and owing from defendants for the period commencing June 9, 1994, through the date hereof, plus interest thereon; and
4. Plaintiff hereby is directed to file with this Court within fourteen (14) days of the date of this order a statement reflecting the amount of delinquent contributions due for the period commencing June 9, 1994, to the date hereof, plus interest thereon.
Dated: Brooklyn, New York
November 9, 1994
John R. Bartels
UNITED STATES DISTRICT JUDGE
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