Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Earth v. Monte Rosa Construction

March 21, 2008

SCOTT ERATH, ET AL., PLAINTIFFS,
v.
MONTE ROSA CONSTRUCTION, DEFENDANT.



The opinion of the court was delivered by: Townes, United States District Judge

MEMORANDUM and ORDER

On February 27, 2007, plaintiffs commenced this action against defendant Monte Rosa Construction ("Defendant" or "Monte Rosa") pursuant to the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. § 1001, et seq. ("ERISA") and Section 301 of the Taft-Hartley Act, 29 U.S.C. § 185. Plaintiffs are the trustees of two multi-employer benefit plans, namely the Local 7 Tile Industry Welfare Fund, the Local 7 Tile Industry Annuity Fund, and the Tile Layers Local Union 52 Pension Fund (collectively, the "Local Benefit Funds") and the Bricklayers & Trowl Trades International Pension, Health and Annuity Funds (the "International Benefit Funds"), and the president of Tile, Marble & Terrazzo Local No. 7 of N.Y. & N.J., BAC (the "Union"). The complaint alleges that Defendant has failed and refused to pay monetary contributions to the two Benefit Funds and dues checkoffs to the Union, as required by the effective collective bargaining agreements ("CBAs").

On March 20, 2007, plaintiffs filed an affidavit of service indicating that they had served the summons and complaint on Defendant through New York's Office of the Secretary of State on March 9, 2007. Defendant failed to appear, and, on August 1, 2007, plaintiffs moved for a default judgment for the recovery of the delinquent contributions as well as interest, attorneys' fees, and costs. Thereafter, the Clerk of the Court noted Defendant's default in the action. For the reasons set forth below, plaintiffs' motion for a default judgment is granted and judgment shall be entered in the amount of $185,405.90 for delinquent contributions, $43,898.88 for interest, $37,081.18 for liquidated damages, and $5,104.14 for attorneys' fees and costs.

DISCUSSION

A. The Consequences of Defendant's Default

"While a party's default is deemed to constitute a concession of all well pleaded allegations of liability, it is not considered an admission of damages." Greyhound Exhibitgroup, Inc. v. E.L.U.L. Realty Corp., 973 F.2d 155, 158 (2d Cir. 1992); see also Chen v. Jenna Lane, Inc., 30 F. Supp. 2d 622, 623 (S.D.N.Y. 1998). Accordingly, by defaulting in this case, Defendant has conceded, inter alia, that it (1) entered into the CBAs with the Union whereby it was required to make contributions to the two Benefit Funds based upon the work performed by certain Union members; and (2) it failed to make the requisite contributions during the period of June 2002 through June 2006, in violation of the CBAs and Section 515 of ERISA, 29 U.S.C. § 1145.*fn1

Thus, plaintiffs are entitled to damages, under ERISA, and given that they have submitted detailed affidavits and evidence, the Court need not hold an evidentiary hearing to determine the amount of plaintiffs' damages. See Fed. R. Civ. P. 55(b)(2); Action S.A. v. Marc Rich & Co., Inc., 951 F.2d 504, 508 (2d Cir. 1991).

B. Damages Under ERISA

Since plaintiffs commenced this action as a fiduciary "for or on behalf of a plan to enforce section 1145 of [ERISA]," they are entitled to the damages specified in 29 U.S.C. § 1132(g). Thus, the Court shall award:

(A) the unpaid contributions,

(B) interest on the unpaid contributions,

(C) an amount equal to the greater of--(i) interest on the unpaid contributions, or

(ii) liquidated damages provided for under the plan in an amount not in excess of 20 percent (or such higher percentage as may be permitted under Federal or State law) of the amount ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.