Trustees of the Sheet Metal Workers' National Pension Fund et al v. Leading Edge Metal Works LLC et al

Filing 13

ADOPTION ORDER - Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has reviewed the R&R for clear error, and finding none, now concurs in both its reasoning and its result. Accordingly, the July 17,2015 Report and Recommendations is adopted in its entirety, and the Plaintiffs' motion for a default judgment is granted. The Clerk of the Court is respectfully directed to enter judgment in favor of the Plaintiffs in the amount of $9,078. 72, plus legal fees of $2,280 and costs of $560, and to close the case. It is SO ORDERED by Judge Arthur D. Spatt on 9/24/2015. c/ecf to Judgment Clerk. (Coleman, Laurie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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TRUSTEES of the SHEET METAL
WORKERS' NATIONAL PENSION FUND;
TRUSTEES of the NATIONAL ENERGY
MANAGEMENT INSTITUTE COMMITTEE
FOR THE SHEET METAL AND AIR
CONDITIONING INDUSTRY; TRUSTEES
of the SHEET METAL OCCUPATIONAL
HEALTH INSTITUTE TRUST; TRUSTEES
of the INTERNATIONAL TRAINING
INSTITUTE FOR THE SHEET METAL
AND AIR CONDITIONING INDUSTRY;
TRUSTEES
of
the
NATIONAL
STABILIZATION AGREEMENT OF THE
SHEET METAL INDUSTRY FUND,

ADOPTION ORDER
14-CV-5064(ADS)(ARL)

FILED

U.S.

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IN CLFRK'S 0'TICE

Oi~:'T!-<_:CT CUU~·~

I t_.D.N.Y.

StP 242015

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LOI\JG ISLANtl OFFICE

Plaintiffs,
-againstLEADING EDGE METAL WORKERS LLC,
and KRISTOPHER AMPLO,
as an
individual,
Defendants.
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APPEARANCES:
JEFFREYS. DUBIN, ESQ.
Attorney for the Plaintiffs
464 New York Avenue, Suite 100
Huntington, NY 11743

'

NO APPEARANCES:
LEADING EDGE METAL WORKERS, LLC
The Defendant
KRISTOPHER AMPLO
The Defendant

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SPATT, District Judge:
On August 26, 2014, the Plaintiffs Trustees of the Sheet Metal Workers'
National Pension Fund; Trustees of the National Energy Management Institute
Committee for the Sheet Metal and Air Conditioning Industry; Trustees of the
Sheet Metal Occupational Health Institute Trust; Trustees of the International
Training Institute for the Sheet Metal and Air Conditioning Industry; and Trustees
of the National Stabilization Agreement of the Sheet Metal Industry Fund
(collectively, the "Plaintiffs" or the "Funds") commenced this action against the
Defendants Leading Edge Metal Workers LLC ("Leading Edge") and Kristopher
Amplo ("Amplo", together with Leading Edge, the "Defendants") under Section 515
of the

Employee Retirement Income Security Act of 1974, as amended,

29 U.S. C. § 1132 et seq., to recover unpaid fringe benefit contributions to the Funds
and related damages.
On October 16, 2014, the Clerk of the Court noted the Defendants' default.
On October 20, 2014, the Plaintiffs moved for a default judgment.
On October 22, 2014, this Court referred the matter to United States
Magistrate Judge Arlene R. Lindsay for a recommendation as to whether the
motion for a default judgment should be granted, and if so, whether damages should
be awarded, including reasonable attorneys' fees and costs.
On July 17, 2015, Judge Lindsay issued a Report and Recommendation
("R&R"), recommending that the Defendants be held jointly and severally liable for
the following damages:

(i) unpaid contributions in the amount of $7,565.60;

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(ii) liquidated damages in the amount of $1,513.12; (iii) attorneys' fees in the
amount of $2,280; and (iv) costs in the amount of $560, for a total award of
$11,918.72.
However, Judge Lindsay found that the documentary evidence in the record
did not did not support the Plaintiffs' request for prejudgment interest at a rate of
8.5%. Accordingly, Judge Lindsay recommended denying without prejudice this
aspect of the Plaintiffs' motion, with leave to renew upon the submission of
sufficient supporting documentation.
Similarly, Judge Lindsay found that the applicable trust agreements also
contained varying and inconsistent provisions relating to pre-litigation liquidated
damages. Accordingly, she recommended that the branch of the Plaintiffs' motion
seeking an award of such damages also be denied without prejudice and with leave
to renew upon the "submission of additional documentation addressing which
unpaid contributions should be subject to the pre-litigation liquidated damages
provision contained in each specific agreement."
On July 27, 2015, the Plaintiffs' filed proof of service of the R&R on the
Defendants.
More than fourteen days have elapsed smce service of the R&R on the
Defendants, each of whom has failed to file an objection.
Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this
Court has reviewed the R&R for clear error, and finding none, now concurs in both
its reasoning and its result.

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Accordingly, the July 17,2015 Report and Recommendations is adopted in its
entirety, and the Plaintiffs' motion for a default judgment is granted. The Clerk of
the Court is respectfully directed to enter judgment in favor of the Plaintiffs in the
amount of $9,078. 72, plus legal fees of $2,280 and costs of $560, and to close the
case.
It is

SO ORDERED

s/ Arthur D. Spatt

-

Dated: Central Islip, New York
September 24, 2015

..

(

ARTHUR D. SPATT
United States District Judge

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