UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
October 28, 2010
BOARD OF TRUSTEES OF THE UFCW LOCAL 174 PENSION FUND, PLAINTIFF,
KARL EHMER DELICATESSEN, F/K/A GLENDALE PORK STORE, INC., D/B/A KARL EHMER DELICACY HOUSE, DEFENDANT.
The opinion of the court was delivered by: Gold, Steven M., U.S.M.J.
By Order dated October 22, 2010, the Honorable Raymond J. Dearie referred plaintiff's motion for default judgment to me for a report and recommendation on what relief should be awarded to plaintiff. Docket Entry 7. The court will consider all previous submissions in determining an appropriate award but requests a courtesy copy of plaintiff's motion, Docket Entry 4.
In support of the damages it seeks, plaintiff shall provide any reports prepared by its actuary calculating defendant's liability in the amount of $296,592. One reason why the court seeks the underlying documentation is that in plaintiff's information sheet calculating defendant's reallocation liability, although the top of the page states "Glendale Pork Store," lines three and four state liability for the "West Conn Meat Company, Inc." See Docket Entry 4-1 at 32.
In addition, plaintiff shall explain its calculation of interest. The Code of Federal Regulations specifies that interest on withdrawal liability "shall be charged . . . for each calendar quarter at an annual rate equal to the average quoted prime rate on short-term commercial loans for the fifteenth day of the month preceding the beginning of each calendar quarter," unless the plan's rules specify a different rate. 29 C.F.R. § 4219.32(b). Plaintiff seeks interest at the rate of 5.14%. See Docket Entry 4-5. Although plaintiff identifies the basis for the rate as "PBGC," id., plaintiff fails to indicate whether this is the prime rate or the rate adopted by the plan, and fails to provide any documentation supporting an award using the requested rate. Accordingly, plaintiff shall provide this information in its supplemental submission.
Plaintiff shall make his submission in support of the damages he seeks no later than November 12, 2010. Any submission that defendant wishes to make in response is due no later than November 29, 2010. Any reply that plaintiff wishes to make should be filed no later than December 6, 2010.
Upon receipt of this Order, plaintiff is hereby directed promptly to serve a copy of this Order by certified mail, return receipt requested, on defendant at its last known address, and to provide the Court with a copy of the return receipt.
STEVEN M. GOLD United States Magistrate Judge
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