The Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO v. Crimson Contruction Corp.

Filing 10

ORDER granting 4 Motion for Entry of Default Judgment. The Clerk of Court is directed to enter such judgment forthwith. Ordered by Senior Judge Jack B. Weinstein on 6/27/2011. (Lee, Tiffeny)

FILED

IN CLERK'S OFFICE
U 5 OISTFI.ICT COURT E.O.NY

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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JUN 2 9 20\1

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THE ANNUITY, PENSION, WELFARE and TRAINING
BROOKLYN OFFICE
FUNDS of the INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL 14-14B, AFL-CIO by its TRUSTEES
EDWIN L. CHRISTIAN, CHRIS CONFREY, JOHN CRONIN,
DON DeNARDO, RENZO COLLA VINO, DANIEL NOESGES, DEFAULT .JUDGMENT
DENISE M. RICHARDSON and JOHN F. O'HARE,
CV-11-1880 (JBW) (RER)
Plaintiffs,
-againstCRIMSON CONSTRUCTION CORP.,
Defendant.

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This action having been commenced on Apri115, 2011 by the filing of the Summons and
Complaint, and a copy of the Summons and Complaint having been personally served on
Defendant CRIMSON CONSTRUCTION CORP. ("CRIMSON") on May 26, 2011, by a Process
Server, personal service on Donna Christie, a representative in the Corporation Division of the
N.Y.S. Department of State and a person authorized to accept service, and proof of service
having been filed on June 6, 2011 through the ECF System, and Defendant CRIMSON
CONSTRUCTION CORP. not having answered the Complaint, and the time for answering the
Complaint having expired, it is,
ORDERED, ADJUDGED AND DECREED: That Plaintiffs ANNUITY, PENSION,

WELFARE AND TRAINING FUNDS OF THE INTERNATIONAL UNION OF OPERATING
ENGINEERS LOCAL 14-14B, AFL-CIO ("LOCAL 14 TRUST FUNDS") have judgment
against Defendant CRIMSON as follows:
(a) That Defendant CRIMSON shall cooperate in the performance of an audit by
Plaintiffs' representative, by providing the following payroll records for the period of November
19,2007 through February 28, 2011: Tax Forms 941s; Quarterly Payroll Tax Forms a/k/a NYS45 Tax Forms; Corporate Payroll Records (including information identifying hours paid and
gross wages); Cash Disbursements Records; Tax Forms W-2s; Payroll Reports (provided to the

union or fund office, if applicable); and Canceled Checks, for the express purpose of determining
whether there has been a deficiency in the required fringe benefit contribution payments to the
Plaintiff Trust Funds;
(b) That Defendant CRIMSON shall pay any determined deficiency, as identified in the
report to be issued by the Plaintiffs' representative, within thirty (30) days of receipt of notice of
the deficiency from the Plaintiffs pursuant to its obligation in accordance with the underlying
collective bargaining agreement as well as ERISA, 29 U.S.C. Section ll32(g)(2)(A), along with
interest from the date on which such deficiency came due at the rate of 6.0% and statutory
damages in the form of interest from the date on which such deficiency became due at the rate of
6.0%, pursuant to the terms and condition of the applicable Trust Agreements establishing
Plaintiffs LOCAL 14 TRUST FUNDS as well as ERISA, 29 U.S.C. Sections 1132(g)(2)(B) and
(C)(i), respectively;
(c) That Defendant CRIMSON shall also pay the costs of said audit pursuant to ERISA,
29 U.S.C. Section ll32(g)(2)(E); and
(d) That the Plaintiffs are awarded attorneys' fees in the amount of $2,458.61, along with
costs in the amount of $420.00, for a total liquidated amount of $2,878.61 pursuant to ERISA, 29
U.S.C. Section 1132(g)(2)(D).
ORDERED that the Judgment rendered by the Court on this day in favor of the Plaintiffs

be entered as a final judgment against Defendant CRIMSON CONSTRUCTION CORP. and the
Clerk of the Court is directed to enter such Judgment forthwith.
Dated: Brooklyn, New York
July JLf-· 2011

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