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New York State Teamsters Conference Pension & Retirement Fund, By Its v. Nason's Delivery

August 31, 2012

NEW YORK STATE TEAMSTERS CONFERENCE PENSION & RETIREMENT FUND, BY ITS TRUSTEES JOHN BULGARO, GARY STARING, DANIEL W. SCHMIDT, MICHAEL S. SCALZO, SR., THOMAS J. VENTURA, BOB SCHAEFFER, AND STEVEN S. MAZZA; AND NEW YORK STATE TEAMSTERS COUNCIL HEALTH & HOSPITAL FUND, BY ITS TRUSTEES JOHN BULGARO, GARY STARING, DANIEL W. SCHMIDT, MICHAEL S. SCALZO, SR., THOMAS J. VENTURA, BOB SCHAEFFER, AND STEVEN S. MAZZA, PLAINTIFFS,
v.
NASON'S DELIVERY, INC., DEFENDANT.



The opinion of the court was delivered by: Scullin, Senior Judge

MEMORANDUM-DECISION AND ORDER

I. INTRODUCTION

Currently before the Court is Plaintiffs', the trustees of New York State Teamsters Conference Pension & Retirement Fund ("Pension Fund") and New York State Teamsters Council Health & Hospital Fund ("Health Fund"), motion for summary judgment.*fn1

II. BACKGROUND

Plaintiffs Pension Fund and Health Fund, by their Trustees John Bulgaro, Gary Staring, Daniel W. Schmidt, Michael S. Scalzo, Sr., Thomas J. Ventura, Bob Schaeffer, and Steven S. Mazza, bring this action against Defendant Nason's Delivery, Inc. pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. ("ERISA"), as amended, seeking delinquent benefit contributions to which they are entitled under the terms of the participation agreements between Plaintiffs and Defendant. See Dkt. No. 16, Second Amended Complaint.*fn2

Plaintiffs Pension Fund and Health Fund are employee benefit plans created by participating employers and local unions affiliated with the International Brotherhood of Teamsters and are "multiemployer plan[s]." See 29 U.S.C. § 1002(37)(A). As a participating employer in the plans, Defendant was obligated to make contributions to Plaintiffs each month. Plaintiffs entered into participation agreements with Defendant, which were effective from April 1, 2008, through March 31, 2011, under which Defendant was required to make monthly contributions on behalf of its eligible employees in accordance with the terms set forth in the agreements. See Dkt. Nos. 22-2 & 22-3. On May 26, 2010, because of Defendant's failure to remit the full amount of contributions owed to Plaintiff Pension Fund for the months of December 2009, through May 2010, Plaintiff Pension Fund terminated Defendant from the Pension Fund plan. With respect to Plaintiff Health Fund, Defendant continued to participate therein until Defendant ceased its business operations in September 2010.

Plaintiffs assert that they are entitled to summary judgment awarding them specific contribution amounts for each month in which Defendant failed to remit full and proper contributions. Pursuant to the terms of the participation agreements, Defendant prepared and submitted monthly Employer Report Forms to Plaintiffs detailing the contribution amounts owed for that period. In determining the amounts due, Plaintiffs looked to the monthly Employer Report Forms that Defendant's treasurer, Thomas Nason, provided.

Plaintiffs assert that Defendant owes Plaintiff Pension Fund delinquent contributions for the months of December 2009, through May 26, 2010, in the amount of $59,653.42, plus interest, double interest, attorney's fees, and costs as ERISA provides. Plaintiffs calculated the amount of delinquent contributions due and owing to Plaintiff Pension Fund as follows:

December 2009 $12,018.50

January 2010 $14,134.91 February 2010 $11,260.63 March 2010 $10,492.00

April 2010 $13,508.45 May 2010 $10,215.45

$71,629.94

Less partial payments $11,976.52

$59,653.42

The total amount Plaintiff Pension Fund seeks is $145,695.69, which includes unpaid contributions in the amount of $59,653.42, plus interest in the amount of $9,488.16, plus an additional award of interest in the amount of $9,488.16, plus attorney's fees in the amount ...


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