Trustees Of The Mosaic and Terrazzo Welfare, Pension, Annuity, and Vacation Funds et al v. Elite Terrazzo Flooring, Inc. et al

Justia Dockets & Filings Second Circuit New York Eastern District Trustees Of The Mosaic and Terrazzo Welfare, Pension, Annuity, and Vacation Funds et al v. Elite Terrazzo Flooring, Inc. et al

Trustees Of The Mosaic and Terrazzo Welfare, Pension, Annuity, and Vacation Funds et al v. Elite Terrazzo Flooring, Inc. et al

Plaintiff:	Trustees Of The Mosaic and Terrazzo Welfare, Pension, Annuity, and Vacation Funds and Trustees of the Bricklayers & Trowel Trades International Pension Fund
Defendant:	Elite Terrazzo Flooring, Inc. and Picnic Worldwide LLC
Case Number:	1:2018cv01471
Filed:	March 9, 2018
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Carol Bagley Amon
Presiding Judge:	Cheryl L. Pollak
Nature of Suit:	Labor: E.R.I.S.A.
Cause of Action:	29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
September 8, 2022	Filing 116 MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS re 109 Motion for Sanctions, filed by Trustees Of The Mosaic and Terrazzo Welfare, Pension, Annuity, and Vacation Funds, Trustees of the Bricklayers & Trowel Trades International Pension Fund and 114 Report and Recommendations granting 109 Motion for Sanctions: I have reviewed the record, and, finding no clear error, I adopt the R&R to the extent it finds AbrahamsenGrant, LLC jointly and severally liable for $10,270, repr esenting the sanctions incurred by Abrahamsen while a partner at the firm. Accordingly, I grant Plaintiffs' motion to hold AbrahamsenGrant, LLC jointly and severally liable for the sanctions previously imposed upon Abrahamsen, in an amount of $10,270. Ordered by Judge Carol Bagley Amon on 9/8/2022. (fwd for judgment) (Fernandez, Erica)
February 28, 2022	Filing 112 MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS for 111 : Accordingly, I grant Plaintiffs' amended motion for default judgment, and grant Plaintiffs the following relief: $191,699.36 in unpaid contributions; $11,086.40 in po st-judgment interest; $111,320.68 in interest on the unpaid contributions; $38,333.87 in liquidated damages, and; $112,678.50 in attorneys' fees. I also find that Picnic Worldwide and Elite Terrazzo are "alter egos," and that they are jointly and severally liable for the above total. (D.E. # 99 at 14; D.E. # 100 at 2.) Ordered by Judge Carol Bagley Amon on 2/28/2022. (fwd for judgment) (Fernandez, Erica)
September 15, 2021	Filing 106 MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: No party has objected to the report and recommendation, and the time for doing so has passed. When deciding whether to adopt a report and recommendation, a district court " ;may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(l)(C). To accept those portions of the report and recommendation to which no timely ob jection has been made, "a district court need only satisfy itself that there is no clear error on the face of the record." Jarvis v. N. Am. Globex Fund. L.P., 823 F. Supp. 2d 161, 163 (E.D.. Y. 2011) (quoting Wilds v. United Parcel Serv., 262 F. Supp. 2d 163, 169 (S.D.N.Y. 2003)). I have reviewed the record, and finding no clear error, I adopt the report and recommendation. Ordered by Judge Carol Bagley Amon on 9/15/2021. (Fernandez, Erica)
March 25, 2021	Filing 100 MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court has reviewed the record and, finding no clear error, adopts the R&R. Accordingly, the Court orders that Plaintiffs' motion for default judgment be granted to the extent that Plaintiffs seek to recover unpaid settlement amounts and an audit of defendant's books, but denied without prejudice as to their request for unpaid contributions. Ordered by Judge Carol Bagley Amon on 3/25/2021. (Fernandez, Erica)
March 11, 2020	Filing 85 MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: As stated in the R&R: Mr. Abrahamsen's motion to withdraw is GRANTED, subject to his payment of the outstanding $5,892.10 owed pursuant to the Court's order of June 4, 2019. In addition to the outstanding $5,892.10, Plaintiffs shall be awarded $10,270.00 in attorneys' fees; the total amount, $16,162.10, is to be paid by Mr. Abrahamsen. Defendants are ORDERED to obtain new counsel no later than 14 days fo llowing the filing of this order; should Defendants fail to do so, the Court will strike Defendants' answer and enter a default against them. Should Defendants obtain new counsel, Plaintiffs' counsel is directed to file a status letter by M ay 1,2020, advising the Court whether or not new defense covmsel is engaging in productive discovery discussions. If the Court concludes, after giving defense counsel an opportunity to be heard, that Defendants are not engaging in productive discovery, the Court will similarly strike Defendants' answer and enter a default against them. Defendants' motion for additional sanctions is DENIED. Ordered by Judge Carol Bagley Amon on 3/11/2020. (Fernandez, Erica)

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Defendant: Elite Terrazzo Flooring, Inc.
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Defendant: Picnic Worldwide LLC
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Plaintiff: Trustees Of The Mosaic and Terrazzo Welfare, Pension, Annuity, and Vacation Funds
Represented By:	Nicole Marimon
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Plaintiff: Trustees of the Bricklayers & Trowel Trades International Pension Fund
Represented By:	Nicole Marimon
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