The Annuity, Pension, Welfare And Training Funds Of The International Union Of Operating Engineers Local 14-14B, AFL-CIO et al v. Falcon Steel Co., Inc.

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATION: It is hereby ORDERED that: plaintiffs' motion for default judgment against Falcon Steel is granted. (Doc. Nos. 8, 14.) Judgement shall enter in favor of plaintiff the Annuity, Pension, Welfare and Traini ng Funds of the I.U.O.E. LOCAL 14-1 48, AFL-CIO as against defendant Falcon Steel in the following amounts: $2,724.35 in delinquent ERISA contributions; $382. 19 in interest on that amount through September 1, 2015; six percent interest fro m September 2, 20 15 through the date of judgment; $2,340.00 in attorney's fees; and $505.00 in costs. Judgement shall enter in favor of plaintiff, the International Union of Operating Engineers Local 14-148, AFL-CIO as against defenda nt Falcon Steel in the following amounts: $742.86 in unpaid CBA Contributions and $80.53 in interest. The Clerk of Court is directed to enter Judgment pursuant to this Order and close the case. Plaintiffs are directed to serve a copy of this Order and the accompanying Judgment on Falcon Steel at its last known address and file proof of service with the Court. Ordered by Judge Roslynn R. Mauskopf on 3/8/2017. (Taronji, Robert)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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T HE ANNUITY, PENSION, WELFARE AND
TRAINING FUNDS OF THE I.U.O.E. LOCAL14-14B,
AFL-CIO and INTERNATIONAL UNION OF
OPERATING ENGINEERS LOCAL 14-148, AFL-CIO,

Plaintiffs,

ORDER ADOPTING
REPORT AND RECOMMENDATION
I 6-CV-0020 (RRM) (RLM)

- against FALCON STEEL CO., INC.,
Defendant.

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ROSL YNN R. MAUSKOPF, United States Di strict Judge.
Plaintiffs, the International Union of Operating Engineers Local 14-148, AFL-CIO ("Local
14") and its trustees fo r various pens ion and welfare benefit plans ("Trust Funds"), commenced thi s
action on January 4, 20 16 against defendant Falcon Steel Co., Inc., (" Falcon Steel") alleging that
Falcon Stee l failed to remit required contributions in connection with a collective bargaining
agreement in violation of the Employee Retirement Income Security Act, 29 U.S.C. § 11 32 et seq.
(" ERISA"), and Section 30 1 of the Labor Management Relations Act, 29 U.S.C. § 185 et seq.
(" LMRA"). (See generaL/y Comp I. (Doc. No. I).)
On January 15, Local 14 and the Trust Funds fil ed an affidavit of service with respect to
Falcon Steel. (See Affidavit/Declaration, Pl. 's Ex. A (Doc. No. 9- 1) at I 0.) However, Falcon Steel
fa iled to respond to the complaint or otherwise appear in this action. (See Clerk' s Entry of Default
(Doc. No. 7).) As a consequence, on February 11 , 2016 the Clerk of the Court entered a notation of
default against Falcon Steel. Id.
On February 19, 20 16, plaintiffs filed and served a motion for default judgment and
submitted both an auditor' s report and a statement of damages. (See 2119120 16 Pl. Mot. and
Statement of Damages (Doc. No. 8); 12/03/15 A uditor' s Report (Doc. No. 9-7) at I .) Falcon Steel

did not respond. O n March 8, 20 16, the Honorable Chief Magistrate Judge Roanne L. Mann issued
an order to show cause why the relief requested in plaintiffs ' motion papers shou ld not be granted.

(See 3/8/20 16 O rder to S how Cause (Doc. No. 16).) Again, Falcon Stee l did not respond. Id.
On A pril 13, 201 6, Judge Mann issued a Report and Recommendation (" R&R")
recommending that the Court enter default judgment against Falcon Steel and directing Falcon Steel
to file any obj ectio ns to the R&R by May 2, 20 16. (R&R (Doc. No. 18).) Falcon Steel did not fil e
any obj ecti ons.
Pursuant to 28 U.S.C. § 636(b) and Rule 72, the Court has reviewed the R&R fo r clear e1rnr
and, findin g no ne, adopts the R&R in its entirety. See Covey v. Simonton, 481 F. Supp. 2d 224, 226
(E.D.N .Y. 2007).

CONCLUSION
Accordin gly, it is hereby ORDERED that: plaintiffs' motion fo r default judgment against
Falcon Steel is granted. (Doc. Nos. 8, 14.) Judgement shall enter in favor of plainti ff the Annuity,
Pension, Welfare and Trai ning Funds of the I.U .O.E. LOCAL 14-1 48, AFL-CIO as against
defendant Falcon Steel in the fo llowing amounts: $2,724.35 in delinquent ERISA contributions;
$382. 19 in interest on that amount through September I , 20 15; six percent interest from September
2, 20 15 through the date of judgment; $2 ,340.00 in attorney's fees; and $5 05.00 in costs.
Judgement shall enter in favor of plaintiff, the Internatio nal Uni on of Operating Engineers
Local 14- 148 , AFL-CIO as against defendant Falcon Steel in the fo llowing amounts: $742. 86 in
unpaid CBA Contributions and $80.53 in interest.
The C lerk of Court is directed to enter Judgment pursuant to th is Order and close the case.
Plainti ffs are directed to serve a copy of this O rder and the accompanyin g Judgment on Falcon Steel
at its last knovm address and fi le proof of service w ith the Court.

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SO ORDERED.

Dated: Brooklyn, New York
-;v~ ~ 2017

s/Roslynn R. Mauskopf

ROSL YNN R. MAUSKOPF
United States Distri ct Judge

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