United States District Court, N.D. New York
February 4, 2015
UPSTATE NEW YORK ENG'RS HEALTH FUND, by Daniel P. Harrigan, as Admin.; UPSTATE NEW YORK ENG'RS PENSION FUND, by Daniel P. Harrigan, as Admin.; UPSTATE NEW YORK ENG'RS S.U.B. FUND, by Daniel P. Harrigan, as Admin.; UPSTATE NEW YORK ENG'RS TRAINING FUND, by Eugene Hallock and Theron Hogle, as Trustees; CENT. PENSION FUND OF THE INT'L UNION OF OPERATING ENG'RS AND PARTICIPATING EMP'RS, by Michael R. Fanning, as Chief Exec. Officer; LOCAL 106 TRAINING AND APPRENTICESHIP FUND, by Daniel J. McGraw and Eugene Hallock, as Trustees; and UPSTATE NEW YORK OPERATING ENG'RS, LOCAL UNION NO. 158, by Theron Hogle, as President, Plaintiffs,
HAYES PAVING, INC.; and BRIAN HAYES, Individually and as an Officer of Hayes Paving, Inc., Defendants.
ORDER GRANTING DEFAULT JUDGMENT
GLENN T. SUDDABY, District Judge.
Currently before the Court, in this Employee Retirement Income Security Act of 1974 ("ERISA") action by the above-captioned Plaintiffs against the above-captioned Defendants, is Plaintiffs' unopposed motion for default judgment pursuant to Fed.R.Civ.P. 55(b). (Dkt. No. 17.) The Court has carefully considering the papers in this action, including the following: (1) the Summons and Complaint with proof of service thereof (Dkt. Nos. 1, 2, 6, 7); (2) the Entry of Default filed January 29, 2014 (Dkt. No. 10); (3) the affidavit of Jennifer A. Clark, Esq., dated May, 6, 2014 (Dkt. No. 17, Attach. 1); (4) the affidavit of Daniel P. Harrigan, dated April, 14, 2014 (Dkt. No. 17, Attach 4); (5) the affidavit of Daniel J. McGraw, dated April, 11, 2014 (Dkt. No. 17, Attach. 5); (6) the affidavit of Michael R. Fanning, dated April, 28, 2014 (Dkt. No. 17, Attach. 3); (7) the affidavit of Linda L. DeMacy, dated May 5, 2014 (Dkt. No. 17, Attach. 2); and (8) Plaintiff's memorandum of law (Dkt. No. 17, Attach. 6). After doing so, the Court finds that Plaintiffs' motion is supported by a showing of cause, except with regard to their request for attorneys' fees, which is reduced from $3, 157.90 to $2, 339.50. The Court also finds, pursuant to Fed.R.Civ.P. 54(b), that there is no just reason for delay in entering final judgment against Defendants because Plaintiffs might be prejudiced by a delay in recovering a monetary award against Defendants and because entry of judgment will not affect the remaining litigation against Defendants.
ACCORDINGLY, it is
ORDERED that Plaintiffs' motion for default judgment (Dkt. No. 17) is GRANTED as modified by note 1 of this Order; and it is further
ORDERED that the Clerk of the Court shall enter Judgment in favor of Plaintiffs and against Defendants for the relief demanded in the First, Third and Fourth Causes of Action of Plaintiff's Complaint (Dkt. No. 1); and it is further
ORDERED that, more specifically, the Clerk of the Court shall enter Judgment in favor of Plaintiffs and against Defendants (individually and as an officer of Hayes Paving, Inc.) for the sum of $15, 832.12, plus interest thereon at the rate provided for by 28 U.S.C. § 1961(a); and it is further
ORDERED that Defendants must produce, within THIRTY (30) DAYS of entry of this Order, their books and records for the period April 1, 2012, to date for Plaintiffs' review and audit, pay the cost and expense of such audit, and pay all attorneys' and paralegal fees and costs incurred in obtaining that audit; and it is further
ORDERED that this Court retains jurisdiction to enter judgment in favor of Plaintiffs and against Defendants for any and all contributions and deductions that are determined to be due as a result of the audit, plus the applicable interest thereon, liquidated damages, costs and expenses of collection, audit fees and attorneys' and paralegal fees.