Bricklayers and Allied Craftworkers Local 2, Albany, New York Pension Fund et al v. Northeastern Specialty Systems, Inc. et al
Plaintiff: Bricklayers and Allied Craftworkers Local 2, Albany, New York Pension Fund, Bricklayers and Allied Craftworkers Local 2, Albany, New York, Health Benefit Fund, Bricklayers and Allied Craftsmen Local 2, Annuity Fund, Bricklayers and Allied Craftworkers Local 2, Albany, New York Education & Training Fund, Bricklayers and Trowel Trades International Pension Fund and Bricklayers and Allied Craftworkers Local 2, Albany, New York, AFL-CIO
Defendant: Northeastern Specialty Systems, Inc., Gregory Earhart, Northeastern Surfacing, Inc. and Christy L. Barton
Case Number: 1:2016cv00610
Filed: May 26, 2016
Court: US District Court for the Northern District of New York
Office: Albany Office
County: Albany
Presiding Judge: Therese Wiley Dancks
Presiding Judge: Gary L. Sharpe
Nature of Suit: Employee Retirement Income Security Act of 1974
Cause of Action: 29 U.S.C. ยง 1001
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
August 30, 2017 Opinion or Order Filing 23 DECISION AND ORDER granting # 21 Plaintiff's Motion for Default Judgment against Defendants. In accordance with 29 U.S.C. §1132(g)(2) and 29 U.S.C. §1145, judgment shall be entered by the Clerk in favor of Plaintiffs and against Defe ndant Northeastern Specialty Systems, Inc., and Defendant Northeastern Surfacing, Inc., for the sum of $330,718.49 in fringe benefit contributions, deductions, interest, liquidated damages, and audit fees, plus interest thereon from February 1, 2017, in accordance with 28 U.S.C. § 1961(a). It is further ORDERED that, in accordance with 29 U.S.C. §1109 and 29 U.S.C. §1132(g)(1), judgment be entered by the Clerk in favor of Plaintiffs and against Defendant Gregory Earhart and Defendant Christy Barton for the sum of $119,421.03 in fringe benefit contributions, interest, and audit fees, plus interest thereon from February 1, 2017, in accordance with 28 U.S.C. §1961(a). It is further ORDERED that judgment be entere d by the Clerk in favor of Plaintiffs and against all Defendants for the sum of $11,898.81 in attorneys fees and costs plus interest thereon from February 1, 2017, in accordance with 28 U.S.C. §1961(a). It is further ORDERED that Defendant s be required to produce their books and records for the period January 1, 2011, to date for Plaintiffs' review and audit, to pay for the cost and expense of any such audit, and (if the services of attorneys and paralegals are necessary to obtai n the audit) to pay all reasonable attorneys' and paralegal fees and costs incurred to obtain that audit. Plaintiff is directed to serve a copy of this Order and the Judgment on Defendants via regular mail. Signed by Chief Judge Glenn T. Suddaby on 8/30/17. (lmw)
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Plaintiff: Bricklayers and Allied Craftworkers Local 2, Albany, New York Pension Fund
Represented By: Jennifer A. Clark
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Plaintiff: Bricklayers and Allied Craftworkers Local 2, Albany, New York, Health Benefit Fund
Represented By: Jennifer A. Clark
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Plaintiff: Bricklayers and Allied Craftsmen Local 2, Annuity Fund
Represented By: Jennifer A. Clark
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Plaintiff: Bricklayers and Allied Craftworkers Local 2, Albany, New York Education & Training Fund
Represented By: Jennifer A. Clark
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Plaintiff: Bricklayers and Trowel Trades International Pension Fund
Represented By: Jennifer A. Clark
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Plaintiff: Bricklayers and Allied Craftworkers Local 2, Albany, New York, AFL-CIO
Represented By: Jennifer A. Clark
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Defendant: Northeastern Specialty Systems, Inc.
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Defendant: Gregory Earhart
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Defendant: Northeastern Surfacing, Inc.
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Defendant: Christy L. Barton
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