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)