United States District Court, S.D. New York
OPINION & ORDER
NETBURN United States Magistrate Judge.
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
Statutory Interest and Liquidated Damages
502(g) of ERISA provides that upon finding a violation of
section 515, “the court shall award the plan” the
(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
29 U.S.C. § 1132 (g)(2)(B).
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 ...