Rochester Laborers' Welfare-S.U.B. Fund by Robert Brown as Chairman, and Daniel Hogan as Secretary et al v. Journee Construction, Inc. et al

Justia Dockets & Filings Second Circuit New York Western District Rochester Laborers' Welfare-S.U.B. Fund by Robert Brown as Chairman, and Daniel Hogan as Secretary et al v. Journee Construction, Inc. et al

Rochester Laborers' Welfare-S.U.B. Fund by Robert Brown as Chairman, and Daniel Hogan as Secretary et al v. Journee Construction, Inc. et al

Plaintiff:	Rochester Laborers' Welfare-S.U.B. Fund by Robert Brown as Chairman, and Daniel Hogan as Secretary, Rochester Laborers' Pension Fund, by Robert Brown, as Chairman and Daniel Hogan as Secretary, Rochester Laborers' Annuity Fund, by Robert Brown, as Chairman, and Daniel Hogan as Secretary, Rochester Laborers Apprentice and Training Fund, by Robert Brown and John J. Richards, Trustees and Laborers' International Union of North America, Local Union No. 435, by Daniel Kuntz, as Business Manager
Defendant:	Journee Construction, Inc. and Orville P Dixon
Case Number:	6:2015cv06167
Filed:	March 25, 2015
Court:	US District Court for the Western District of New York
Office:	Rochester Office
County:	Monroe
Presiding Judge:	David G. Larimer
Nature of Suit:	Employee Retirement Income Security Act of 1974
Cause of Action:	29 U.S.C. § 1132
Jury Demanded By:	None

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Date Filed	Document Text
April 2, 2018	Filing 40 DECISION AND ORDER Plaintiffs' motion for default judgment 31 is granted. As against Journee, plaintiffs are awarded judgment in the amount of $51,844.12 for unpaid fringe benefit contributions, deductions, interest through April 1, 20 17, liquidated damages, audit fees, attorneys' fees and costs, plus interest thereon from April 1, 2017 at the statutory rate of 2.09% per annum pursuant to 28 U.S.C. §1961(a), which is $1,086.51, for a total of $52,930.63. As against Dixon, plaintiffs are awarded judgment in the amount of $31,753.93 in unpaid fringe benefit contributions, interest through April 1, 2017, audit fees, attorneys' fees and costs, plus interest thereon from April 1, 2017 at the sta tutory rate of 2.09% per annum, which is $665.48, for a total of $32,419.41. The Court notes that both damages totals include the same $10,065.24 portion of the unpaid fringe benefit contributions, audit fees of $4,832.58, a nd $15,104.38 in attorneys fees and costs, plus interest on those amounts, for which the defendants are jointly and severally liable. Plaintiffs' request for an audit is also granted, and Journee is directed to produce its relevant books an d records to plaintiffs for audit for the period beginning March 24, 2014, and to bear the costs of the same. Defendants have also filed a motion to seal certain documents 37 , but have failed to exchange copies of those documents with counsel or the Court, or to explain why sealing is necessary. That motion is accordingly denied. Signed by Hon. David G. Larimer on 4/2/2018. (KAH)-CLERK TO FOLLOW UP-

Date Filed

Document Text

April 2, 2018

Filing 40 DECISION AND ORDER Plaintiffs' motion for default judgment 31 is granted. As against Journee, plaintiffs are awarded judgment in the amount of $51,844.12 for unpaid fringe benefit contributions, deductions, interest through April 1, 20 17, liquidated damages, audit fees, attorneys' fees and costs, plus interest thereon from April 1, 2017 at the statutory rate of 2.09% per annum pursuant to 28 U.S.C. §1961(a), which is $1,086.51, for a total of $52,930.63. As against Dixon, plaintiffs are awarded judgment in the amount of $31,753.93 in unpaid fringe benefit contributions, interest through April 1, 2017, audit fees, attorneys' fees and costs, plus interest thereon from April 1, 2017 at the sta tutory rate of 2.09% per annum, which is $665.48, for a total of $32,419.41. The Court notes that both damages totals include the same $10,065.24 portion of the unpaid fringe benefit contributions, audit fees of $4,832.58, a nd $15,104.38 in attorneys fees and costs, plus interest on those amounts, for which the defendants are jointly and severally liable. Plaintiffs' request for an audit is also granted, and Journee is directed to produce its relevant books an d records to plaintiffs for audit for the period beginning March 24, 2014, and to bear the costs of the same. Defendants have also filed a motion to seal certain documents 37 , but have failed to exchange copies of those documents with counsel or the Court, or to explain why sealing is necessary. That motion is accordingly denied. Signed by Hon. David G. Larimer on 4/2/2018. (KAH)-CLERK TO FOLLOW UP-

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Search for this case: Rochester Laborers' Welfare-S.U.B. Fund by Robert Brown as Chairman, and Daniel Hogan as Secretary et al v. Journee Construction, Inc. et al
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Plaintiff: Rochester Laborers' Welfare-S.U.B. Fund by Robert Brown as Chairman, and Daniel Hogan as Secretary
Represented By:	Jennifer A. Clark
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Plaintiff: Rochester Laborers' Pension Fund, by Robert Brown, as Chairman and Daniel Hogan as Secretary
Represented By:	Jennifer A. Clark
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Plaintiff: Rochester Laborers' Annuity Fund, by Robert Brown, as Chairman, and Daniel Hogan as Secretary
Represented By:	Jennifer A. Clark
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Plaintiff: Rochester Laborers Apprentice and Training Fund, by Robert Brown and John J. Richards, Trustees
Represented By:	Jennifer A. Clark
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Plaintiff: Laborers' International Union of North America, Local Union No. 435, by Daniel Kuntz, as Business Manager
Represented By:	Jennifer A. Clark
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Defendant: Journee Construction, Inc.
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Defendant: Orville P Dixon
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