The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO et al v. Coastal Environmental Group Inc.
| International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, Central Pension Fund of the International Union of Operating Engineers and The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO |
| Coastal Environmental Group Inc. |
| 1:2018cv05791 |
| October 17, 2018 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| LaShann DeArcy Hall |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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| Filing 26 DEFAULT JUDGMENT, that Plaintiffs' motion for a default judgment against Defendant Coastal Environmental Group is granted; and that Plaintiffs are awarded a total amount of $26,790.02. Signed by Douglas C. Palmer, Clerk of Court by J. Poveda, Deputy Clerk on 4/6/2021. (Layne, Monique) |
Filing 25
ORDER ADOPTING REPORT AND RECOMMENDATION: On March 16, 2021, Magistrate Judge Sanket J. Bulsara issued a report and recommendation (the "R&R") #23 which recommends that Plaintiffs' renewed request for attorney's fees #22 be granted, in part. Specifically, that Plaintiff be awarded $2,035.00 in attorney's fees. No objections to the R&R have been filed. Accordingly, having reviewed the R&R for clear error and, finding none, the Court hereby ADOPTS the R&R in its entirety as the opinion of this Court. As recommended by Judge Bulsara, Plaintiffs are awarded $2,035.00 in attorney's fees. The Clerk of Court is respectfully directed to enter judgment and close the case. Ordered by Judge LaShann DeArcy Hall on 3/31/2021. (Williams, Erica)
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| Filing 24 CERTIFICATE OF SERVICE by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO re #23 REPORT AND RECOMMENDATIONS re #22 MOTION for Attorney Fees filed by The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO, Central Pension Fun served upon Defendant Coastal Environmental Group, Inc. via US Mail on March 16, 2021. (Steinberg, James) |
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Filing 23
REPORT AND RECOMMENDATION: For the reasons in the attached R&R, the Court respectfully recommends Plaintiffs be awarded $2,035.00 in attorney's fees. Any objections to this R&R must be filed with the Clerk of the Court by 3/30/2021. Failure to file objections within the specified time waives the right to appeal any judgment or order entered by the District Court in reliance on this R&R. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b)(2); Caidor v. Onondaga County, 517 F.3d 601, 604 (2d Cir. 2008) ("[F]ailure to object timely to a magistrate [judge's] report operates as a waiver of any further judicial review of the magistrate [judge's] decision."). Plaintiffs are directed to serve a copy of this R&R on Defendant and file proof of service on the docket. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/16/2021. (Altreuter, Sylvia)
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ORDER: Plaintiff's motion for attorney's fees #22 is respectfully referred to Magistrate Judge Sanket J. Bulsara for a report and recommendation. Ordered by Judge LaShann DeArcy Hall on 11/9/2020. (Williams, Erica)
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| Filing 22 DECLARATION re Order Adopting Report and Recommendations,,,,,,, Order on Motion for Default Judgment,,,,,,, Order on Report and Recommendations,,,,,, (Submission of Contemporaneous Time Records) by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO (Attachments: #1 Exhibit) (Steinberg, James) Modified on 3/16/2021 (Altreuter, Sylvia) (modified to motion for attorney's fees). |
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ORDER ADOPTING REPORT AND RECOMMENDATION: The parties have filed no objections to Magistrate Judge Sanket J. Bulsara's report and recommendation #19 , (the "R&R"), which recommends that the Court grant Plaintiffs' motion #9 for a default judgment against Defendant Coastal Environmental Group and award Plaintiffs: (1) $15,084.91 in delinquent ERISA contributions; (2) $1,168.62 in delinquent non-ERISA contributions; (3) $2,657.02 in interest on delinquent ERISA contributions through August 28, 2018, plus interest calculated by the Clerk of Court from August 29, 2018 through the date of judgment at a rate of $2.49 per day; (4) Interest on delinquent non-ERISA contributions as calculated by the Clerk of Court from July 1, 2015 through the date of judgment at a rate of $0.29 per day; (5) $1,508.49 in liquidated damages; (6) $510 in costs; and (7) $1,268.25 in auditor's fees. The R&R also recommends that Plaintiffs be directed to submit contemporaneous billing records before any attorney's fees are awarded. The Court has reviewed the R&R for clear error and, finding none, hereby adopts the R&R in its entirety as the opinion of this Court. As recommended by Magistrate Judge Bulsara, Plaintiffs' motion #9 for a default judgment is GRANTED, with damages, interest, and costs as detailed in the R&R. Plaintiffs shall submit contemporaneous billing records within thirty (30) days of this memorandum and order so the Court can calculate attorney's fees. Ordered by Judge LaShann DeArcy Hall on 3/31/2020. (Williams, Erica)
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| Filing 21 AFFIDAVIT/DECLARATION in Support re #9 Notice of MOTION for Default Judgment against Defendant Coastal Environmental Group Inc., #19 REPORT AND RECOMMENDATIONS re #9 Notice of MOTION for Default Judgment against Defendant Coastal Environmental Group Inc. filed by The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Opera in Support of Plaintiffs' Request for Attorneys' Fees filed by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO. (Attachments: #1 Exhibit, #2 Certificate of Service) (Steinberg, James) |
| Filing 20 CERTIFICATE OF SERVICE by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO re #19 REPORT AND RECOMMENDATIONS re #9 Notice of MOTION for Default Judgment against Defendant Coastal Environmental Group Inc. filed by The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Opera served upon Defendant via U.S. Mail on September 3, 2019. (Steinberg, James) |
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Filing 19
REPORT AND RECOMMENDATIONS re #9 Motion for Default Judgment. For the reasons stated in the attached R&R, this Court respectfully recommends that default judgment be entered against Coastal Environmental Group, and Coastal Environmental Group be ordered to pay the following: (1) $15,084.91 in delinquent ERISA contributions; (2) $1,168.62 in delinquent non-ERISA contributions; (3) $2,657.02 in interest on delinquent ERISA contributions through August 28, 2018, plus interest calculated by the Clerk of Court from August 29, 2018 through the date of judgment at a rate of $2.49 per day; (4) Interest on delinquent non-ERISA contributions as calculated by the Clerk of Court from July 1, 2015 through the date of judgment at a rate of $0.29 per day; (5) $1,508.49 in liquidated damages; (6) $510 in costs; and (7) $1,268.25 in auditor's fees. The Court also respectfully recommends Plaintiffs be directed to submit contemporaneous billing records before any attorney's fees are awarded. Any objections to this R&R must be filed with the Honorable LaShann DeArcy Hall on or before 9/13/2019. Failure to file objections in a timely manner may waive a right to appeal the District Court order. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 6(a), 6(d), 72. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/30/2019. (Murphy, Colleen)
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| Filing 18 CERTIFICATE OF SERVICE by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO re #17 Affidavit in Support of Motion,,, Reply in Support,, served upon Defendant via U.S. Mail on August 27, 2019. (Steinberg, James) |
| Filing 17 AFFIDAVIT/DECLARATION in Support re #9 Notice of MOTION for Default Judgment against Defendant Coastal Environmental Group Inc. and, REPLY in Support re Order,,,,,,, filed by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO. (Attachments: #1 Exhibit A, #2 Exhibit B) (Steinberg, James) |
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ORDER: The motion for extension of time #16 is granted. Plaintiffs should file their additional briefing and recalculations of interest in response to the Court's Order dated August 20, 2019 by 9/6/2019. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/23/2019. (Murphy, Colleen)
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| Filing 16 Letter MOTION for Extension of Time to File Submissions to Address Court's Inquiries pursuant to its August 20, 2019 Electronic Order by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO. (Steinberg, James) |
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ORDER: In connection with the motion for default judgment #9 , Plaintiffs are directed to explain why Coastal Environmental Group ("Coastal Environmental") is bound by each of the three Trust Agreement Amendments which provide for interest on delinquent ERISA contributions at a rate of 6% per year, given neither Coastal Environmental nor the General Contractors Association of New York ("GCA") appear to be parties to the Amendments. See 32BJ N. Pension Fund v. Nutrition Mgmt. Servs., No. 18-CV-857, 2019 US App. LEXIS 24716, at *12 (2d Cir. Aug. 20, 2019) ("To impose a plan-provided interest rate on a delinquent employer... [t]he employer must be a signatory--or otherwise have agreed to bind itself--to the plan document[.]"). Plaintiffs are also directed to explain why Coastal Environmental and/or the GCA are bound by the Central Pension Fund Trust Agreement, given neither appear to be parties to that agreement. See id. at *18-19 (finding employer was not bound by trust agreement until it signed a memorandum of agreement). Should Plaintiffs be unable to do so, they should submit recalculated interest on the delinquent ERISA contributions using 26 U.S.C. 6621. See Bricklayers Ins. & Welfare Fund v. Primo Brick, Inc., No. 11-CV-5742, 2013 WL 2120338, at *5 (E.D.N.Y. Apr. 3, 2013) ("Section 502 of ERISA provides that 'interest on unpaid contributions shall be determined by using the rate provided for under the plan, or if none, the rate prescribed under section 6621 of Title 26.'") (quoting 29 U.S.C. 1132(g)(2)). Plaintiffs' submissions must be filed with the Court by August 23, 2019. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/20/2019. (Murphy, Colleen)
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ORDER: Plaintiff's motion for a default judgment #9 is respectfully referred to Magistrate Judge Sanket J. Bulsara for a report and recommendation. Ordered by Judge LaShann DeArcy Hall on 7/26/2019. (Ramesar, Thameera)
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ORDER: Pursuant to Clerk's Entry of Default #8 the in person initial conference scheduled for 1/11/2019 at 12:30 PM before Magistrate Judge Bulsara is hereby adjourned sine die. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/11/2019. (Manson, Eddie)
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| Filing 15 CERTIFICATE OF SERVICE by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO re #7 Request for Certificate of Default, #14 Memorandum in Support, #12 Affidavit in Support of Motion,, #10 Affidavit in Support of Motion,, #8 Clerk's Entry of Default, #11 Affidavit in Support of Motion,, #9 Notice of MOTION for Default Judgment against Defendant Coastal Environmental Group Inc., #13 Affidavit in Support of Motion,, served upon Defendant via Express Overnight Mail Service on December 17, 2018. (Steinberg, James) |
| Filing 14 MEMORANDUM in Support re #9 Notice of MOTION for Default Judgment against Defendant Coastal Environmental Group Inc. filed by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO. (Steinberg, James) |
| Filing 13 AFFIDAVIT/DECLARATION in Support re #9 Notice of MOTION for Default Judgment against Defendant Coastal Environmental Group Inc. (Affidavit of James M. Steinberg, Esq.) filed by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L) (Steinberg, James) |
| Filing 12 AFFIDAVIT/DECLARATION in Support re #9 Notice of MOTION for Default Judgment against Defendant Coastal Environmental Group Inc. (Affidavit of L. Madeiras) filed by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO. (Attachments: #1 Exhibit A) (Steinberg, James) |
| Filing 11 AFFIDAVIT/DECLARATION in Support re #9 Notice of MOTION for Default Judgment against Defendant Coastal Environmental Group Inc. (Affidavit of T. Callahan) filed by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO. (Steinberg, James) |
| Filing 10 AFFIDAVIT/DECLARATION in Support re #9 Notice of MOTION for Default Judgment against Defendant Coastal Environmental Group Inc. (Affidavit of C. Chase) filed by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO. (Steinberg, James) |
| Filing 9 Notice of MOTION for Default Judgment against Defendant Coastal Environmental Group Inc. by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO. (Attachments: #1 Statement of Damages) (Steinberg, James) |
| Filing 8 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Coastal Environmental Group Inc. has failed to appear or otherwise defend this action, the default of defendant Coastal Environmental Group Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
| Filing 7 Request for Certificate of Default by Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO (Attachments: #1 Affirmation in Support of Request for Certificate of Default, #2 Proposed Certificate of Default) (Steinberg, James) |
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Filing 6
SCHEDULING ORDER: An in-person initial conference will be held at 12:30 P.M. on 01/11/2019 before Magistrate Judge Bulsara in Courtroom 324N. All counsel must attend. Plaintiff is directed to notify Defendant of this scheduling order at the time that Defendant makes an appearance in this matter. Counsel are also directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 01/11/2019. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/14/2018. (Manson, Eddie)
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| Filing 5 SUMMONS Returned Executed by The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, Central Pension Fund of the International Union of Operating Engineers. Coastal Environmental Group Inc. served on 10/30/2018, answer due 11/20/2018. (Steinberg, James) |
| Filing 4 Summons Issued as to Coastal Environmental Group Inc.. (Davis, Kimberly) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Sanket J. Bulsara. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
| Filing 1 COMPLAINT against Coastal Environmental Group Inc. filing fee $ 400, receipt number ANYEDC-10842813 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, Central Pension Fund of the International Union of Operating Engineers. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Steinberg, James) |
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| Defendant: Coastal Environmental Group Inc. | |
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| Plaintiff: International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO | |
| Represented By: | James Michael Steinberg |
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| Plaintiff: Central Pension Fund of the International Union of Operating Engineers | |
| Represented By: | James Michael Steinberg |
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| Plaintiff: The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO | |
| Represented By: | James Michael Steinberg |
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