Bricklayers Insurance and Welfare Fund, Bricklayers Pension Fund, Bricklayers Supplemental Annuity Fund, Bricklayers and Trowel Trades International Pension Fund, New York City and Long Island Joint et al v. Everest Masonry Construction et al

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS of Magistrate Judge Gold for default judgment as to defendant Everest Masonry Construction. The claims against defendant Ramos are dismissed with prejudice.( Ordered by Judge Nina Gershon on 9/18/2017 ) *forwarded for judgment. (Guzzi, Roseann)

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» » FILED as * SEP2 02017 * UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK X BROOKLYN OFFICE BRICKLAYERS INSURANCE AND WELFARE FUND, BRICKLAYERS PENSION FUND,BRICKLAYERS SUPPLEMENTAL ANNUITY FUND,BRICKLAYERS AND TROWEL TRADES INTERNATIONAL PENSION FUND,NEW YORK CITY AND LONG ISLAND JOINT APPRENTICESHIP AND TRAINING FUND, INTERNATIONAL MASONRY INSTITUTE, AND JEREMIAH SULLIVAN,JR. in his fiduciary capacity as Administrator and Chairman of Trustees, BRICKLAYERS LOCAL 1,INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFT WORKERS,and BRICKLAYERS LABOR MANAGEMENT RELATIONS COMMITTEE, ORDER Plaintiffs, "^^-€¥-1622(NG) (SMG) -against- IG EVEREST MASONRY CONSTRUCTION and RAFAEL RAMOS, Defendants. GERSHON,United States District Judge: On June 26, 2017 the Honorable Steven M. Gold, magistrate judge, issued a Report and Recommendation that plaintiffs' motion for default judgment as to defendant Everest Masonry Construction be granted. Judge Gold recommended that plaintiffs be awarded (i) $57,381.64 in unpaid contributions and dues; (ii) prejudgment interest on the unpaid contributions and dues calculated at a per diem rate of $15.72 from April 21, 2015, through the date final judgment is entered;(iii) liquidated damages on the unpaid contributions calculated at a per diem rate of$14.15 from April 21, 2015, through the date final judgment is entered; and (iv) $400 in costs. Additionally, Judge Gold recommended the issuance of an injunction ordering defendant Everest Masonry Construction to comply with its obligations under the CBA to submit to and fully 1 /s/(NG)

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