Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman, Retraining, Educational and Industry Fund et al v. Paladin Construction Corp.

Justia Dockets & Filings Second Circuit New York Southern District Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman, Retraining, Educational and Industry Fund et al v. Paladin Construction Corp.

Plaintiff:	Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman, Retraining, Educational and Industry Fund, Trustees Of The New York City Carpenters Relief and Charity Fund and The New York City and Vicinity Carpenters Labor-Management Corporation
Defendant:	Paladin Construction Corp.
Case Number:	1:2012cv01533
Filed:	March 1, 2012
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Kings
Presiding Judge:	Paul A. Engelmayer
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:	None

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Date Filed	Document Text
June 10, 2013	Filing 24 OPINION AND ORDER: For the reasons stated above, the Court grants in part and denies in part plaintiffs unopposed motion for summary judgment. On Claims One, Two, and Four, summary judgment is granted to plaintiffs. On Claim Three, summary judgment i s denied, without prejudice to plaintiffs ability to pursue this claim in Bankruptcy Court or, in the event plaintiffs can show that this Court is an appropriate forum to resolve this claim, in this Court. Judgment is awarded in the amount of: Claim One: $16,346.14, with interest at the rate of 5.25% from February 3, 2012 Claim Two: $244,494.68, with interest at the rate of 5.25% from May 21, 2012. Claim Four: $42,479.96, with interest at the rate of 5.25% (the prim e rate of Citibank plus 2%) from February 28, 2012, plus liquidated damages of $8,495.99 (20% of the principal). The parties are directed to submit a letter setting out, in detail, their views as to how the parties wish to proceed as to attorneys' fees. Plaintiffs' letter is due by June 17, 2013. Defendant's letter in response, if any, is due by June 24, 2013. (Signed by Judge Paul A. Engelmayer on 6/10/2013) (js) Modified on 6/11/2013 (js).

Date Filed

Document Text

June 10, 2013

Filing 24 OPINION AND ORDER: For the reasons stated above, the Court grants in part and denies in part plaintiffs unopposed motion for summary judgment. On Claims One, Two, and Four, summary judgment is granted to plaintiffs. On Claim Three, summary judgment i s denied, without prejudice to plaintiffs ability to pursue this claim in Bankruptcy Court or, in the event plaintiffs can show that this Court is an appropriate forum to resolve this claim, in this Court. Judgment is awarded in the amount of: Claim One: $16,346.14, with interest at the rate of 5.25% from February 3, 2012 Claim Two: $244,494.68, with interest at the rate of 5.25% from May 21, 2012. Claim Four: $42,479.96, with interest at the rate of 5.25% (the prim e rate of Citibank plus 2%) from February 28, 2012, plus liquidated damages of $8,495.99 (20% of the principal). The parties are directed to submit a letter setting out, in detail, their views as to how the parties wish to proceed as to attorneys' fees. Plaintiffs' letter is due by June 17, 2013. Defendant's letter in response, if any, is due by June 24, 2013. (Signed by Judge Paul A. Engelmayer on 6/10/2013) (js) Modified on 6/11/2013 (js).

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Plaintiff: Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman, Retraining, Educational and Industry Fund
Represented By:	Charles R. Virginia
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Plaintiff: Trustees Of The New York City Carpenters Relief and Charity Fund
Represented By:	Charles R. Virginia
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Plaintiff: The New York City and Vicinity Carpenters Labor-Management Corporation
Represented By:	Charles R. Virginia
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Defendant: Paladin Construction Corp.
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