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. Genrus Corporation
| 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 |
| Genrus Corporation |
| 1:2020cv04980 |
| October 16, 2020 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| Ramon E Reyes |
| 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 20 JUDGMENT, It is ORDERED and ADJUDGED that Plaintiffs' motion for default judgment is granted; and that Plaintiffs are awarded a total amount of $51,250.30 and post-judgment interest on all sums awarded from the date judgment is entered to the date of payment at a rate of $5.66 per day. Signed by Douglas C. Palmer, Clerk of Court by Jalitza Poveda, Deputy Clerk on 9/3/2021. (Piper, Francine) |
| Filing 19 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 #18 Order Adopting Report and Recommendations,,,,, Order on Motion for Default Judgment,,,,, Order on Report and Recommendations,,,, served upon Defendant Genrus Corporation via U.S. Postal Service on September 2, 2021. (Steinberg, James) |
Filing 18
ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Court adopts #16 Magistrate Judge Ramon E. Reyes, Jr.'s report and recommendation and grants Plaintiffs' motion for a default judgment against Defendants and awards Plaintiffs $51,148.42 representing: (1) $30,374.79 in unpaid contributions; (2) $12,326.60 in pre-judgment interest; (3) $3,423.03 in liquidated damages; (4) $2,535 in attorneys' fees; (5) $489 in costs; (6) $2,000 in auditors fees; and (7) additional pre-judgment interest calculated from August 16, 2021, through the date that the Clerk of Court enters final judgment and post-judgment interest on all sums awarded from the date judgment is entered to the date of payment at a rate of $5.66 per day. Plaintiffs are directed to serve copies of this Order upon Defendants at their last known addresses and to file proof of service with the Court. The Clerk of Court is respectfully directed to close the case. Ordered by Chief Judge Margo K. Brodie on 9/2/2021. (Piper, Francine)
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| Filing 17 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 #16 REPORT AND RECOMMENDATIONS re #9 Notice of MOTION for Default Judgment against Defendant Genrus Corporation filed by The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers served upon Defendant Genrus Corporation via U.S. Postal Service-Certified Mail on August 16, 2021. (Steinberg, James) |
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Filing 16
REPORT AND RECOMMENDATIONS re #9 Notice of MOTION for Default Judgment against Defendant Genrus Corporation 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 Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO. For the reasons set forth in the attached Report and Recommendation, I respectfully recommend that Plaintiffs' motion for default judgment be granted in part in that Plaintiffs be awarded $51,148.42 as follows: (1) $30,374.79 in unpaid contributions; (2) $12,326.60 in pre-judgment interest; (3) $3,423.03 in liquidated damages; (4) $2,535 in attorney's fees; (5) $489 in costs; and (6) $2,000 in auditor's fees. Plaintiffs should also be awarded additional pre-judgment interest calculated through the date that the Clerk of Court enters final judgment and post-judgment interest on all sums awarded from the date judgment is entered to the date of payment. Plaintiffs are hereby directed to serve copies of this Report and Recommendation upon Defendant by regular and certified mail and to file proof of service with the Clerk of the Court promptly thereafter. Any objections to the recommendations made in this Report must be filed with the Clerk of the Court and the Honorable Margo K. Brodie by 8/30/2021. Failure to file timely objections waives the right to appeal the District Court's Order. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72; Small v. Sec'y of Health & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989). Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 8/16/2021. (Naseef, Kara)
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ORDER REFERRING MOTION: #9 Motion for Default Judgment. The motion is hereby respectfully referred to Magistrate Judge Ramon E. Reyes, Jr for report and recommendation. Ordered by Chief Judge Margo K. Brodie on 4/20/2021. (Shane, Elisabeth)
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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 #14 Memorandum in Support, #10 Affidavit in Support of Motion, #11 Affidavit in Support of Motion, #8 Clerk's Entry of Default, #9 Notice of MOTION for Default Judgment against Defendant Genrus Corporation, #13 Affidavit in Support of Motion,, #7 Request for Certificate of Default, #12 Affidavit in Support of Motion, served upon Defendant Genrus Corporation via FedEx on December 3, 2020. (Steinberg, James) |
| Filing 14 MEMORANDUM in Support re #9 Notice of MOTION for Default Judgment against Defendant Genrus Corporation 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 Genrus Corporation (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 Genrus Corporation (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 11 AFFIDAVIT/DECLARATION in Support re #9 Notice of MOTION for Default Judgment against Defendant Genrus Corporation (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. (Steinberg, James) |
| Filing 10 AFFIDAVIT/DECLARATION in Support re #9 Notice of MOTION for Default Judgment against Defendant Genrus Corporation (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 9 Notice of MOTION for Default Judgment against Defendant Genrus Corporation 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 Genrus Corporation has failed to appear or otherwise defend this action, the default of defendant Genrus Corporation 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 Declaration in Support of Request of Certificate of Default, #2 Proposed Certificate of Default) (Steinberg, James) |
| Filing 6 CASE REFERRED to Arbitration. This case has been designated to participate in the Court Annexed Arbitration Program pursuant to Local Civil Rule 83.7(d). The Rule requires the Clerk of Court to designate and process for compulsory arbitration "all civil cases (excluding social security cases, tax matters, prisoners' civil rights cases, and any action based on an alleged violation of a right secured by the Constitution of the United States or if jurisdiction is based in whole or in part on Title 28 U.S.C. sec. 1343) wherein money damages only are being sought in an amount not in excess of $150,000.00 exclusive of interest and costs." Damages are presumed not to be in excess of the arbitration limit unless a certification is filed in accordance with Local Civil Rule 83.7(d) (3). An Arbitration Hearing will be scheduled after an Answer is filed. The hearing will occur approximately 120 days after filing of the Answer. (Credle, Rita) |
| 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. Genrus Corporation served on 10/30/2020, answer due 11/20/2020. (Steinberg, James) |
| Filing 4 Summons Issued as to Genrus Corporation. (Davis, Kimberly) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 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 1 COMPLAINT against Genrus Corporation filing fee $ 400, receipt number ANYEDC-13535636 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) |
| Case Assigned to Judge Margo K. Brodie and Magistrate Judge Ramon E. Reyes, Jr. 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) |
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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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| Defendant: Genrus Corporation | |
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