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Building Service 32BJ Health Fund v. Hugh Contracting Industries Ltd.

United States District Court, S.D. New York

May 17, 2017

BUILDING SERVICE 32BJ HEALTH FUND, Plaintiff,
v.
HUGHES CONTRACTING INDUSTRIES LTD., Defendant.

          OPINION & ORDER

          SARAH NETBURN United States Magistrate Judge.

         On March 31, 2017, the Court granted summary judgment to Plaintiff and found that Plaintiff was entitled to $799, 129.54 under 29 U.S.C. § 1132(g)(2)(A). ECF No. 56. The Court also directed Plaintiff to submit a proposed final order of judgment, including the applicable statutory interest and liquidated damages, which it did on April 13, 2017. ECF No. 57-58. Plaintiff has also moved for attorneys' fees on April 26, 2017. ECF No. 60-61. Defendant Hughes Contracting Industries Ltd. has not opposed either the interest calculations or the attorneys' fees application. For the following reasons, Plaintiff's motion for mandatory statutory interest, liquidated damages, and attorneys' fees is GRANTED. A final judgment shall issue separately.

         DISCUSSION

         I. Statutory Interest and Liquidated Damages

         Section 502(g) of ERISA provides that upon finding a violation of section 515, “the court shall award the plan” the following:

(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 determined by the court under subparagraph (A),
(D) reasonable attorney's fees and costs of the action, to be paid by the defendant, and
(E) such other legal or equitable relief as the court deems appropriate.

29 U.S.C. § 1132 (g)(2)(B).

         “The special remedy against employers who are delinquent in meeting their contractual obligations that is created by § 502(g)(2) includes a mandatory award of prejudgment interest plus liquidated damages in an amount at least equal to that interest, as well as attorney's fees and costs.” Laborers Health & Welfare Trust Fund v. Advanced Lightweight Concrete Co., 484 U.S. 539, 547 (1988). ERISA provides that interest shall be calculated using the rate in the ...


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