Bricklayers and Allied Craftworkers Local 2, Albany, New York Pension Fund et al v. Moulton Masonry & Construction, LLC et al

Filing 22

DEFAULT JUDGMENT: in favor of Bricklayers and Allied Craftsmen Local 2 Annuity Fund, Bricklayers and Allied Craftworkers Local 2, Albany, New York Education & Training Fund, Bricklayers and Allied Craftworkers Local 2, Albany, New York Health Benefit Fund, Bricklayers and Allied Craftworkers Local 2, Albany, New York Pension Fund, Bricklayers and Allied Craftworkers Local 2, Albany, New York, AFL-CIO and Bricklayers and Trowel Trades International Pension Fund against Moulton Masonry & Construction, LLC and Duane E. Moulton in the total amount of $622,135.21. (nmk)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK DEFAULT JUDGMENT IN A CIVIL CASE BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 2, ALBANY, NEW YORK PENSION FUND, by its Administrator, Stephen J. O’Sick, BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 2, ALBANY, NEW YORK HEALTH BENEFIT FUND, by its Administrator, Stephen J. O’Sick, BRICKLAYERS AND ALLIED CRAFTSMEN LOCAL 2 ANNUITY FUND, by its Administrator, Stephen J. O’Sick, BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 2, ALBANY, NEW YORK EDUCATION & TRAINING FUND, by its Trustees, Robert Mantello, Pasquale Tirino, Luke Renna, Michael Suprenant, J.D. Gilbert, Thomas Marinello, Todd Helfrich and Laura Regan, BRICKLAYERS AND TROWELTRADES INTERNATIONAL PENSION FUND, by David Stupar, Executive Director, BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 2, ALBANY, NEW YORK, AFL-CIO, by Robert Mantello, President Plaintiffs vs. CASE NUMBER: 1:13-CV-201 (DNH/RFT) MOULTON MASONRY & CONSTRUCTION, LLC and DUANE E. MOULTON, individually and as an Officer of Moulton Masonry & Construction, LLC Defendants Decision by Court. This action came to a hearing before the Court. The issues have been heard and a decision has been rendered. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK IT IS ORDERED AND ADJUDGED That plaintiffs’ motion for default judgment is GRANTED in its entirety. Defendants’ cross-motion to vacate the entry of default is DENIED in its entirety. Default judgment is entered in favor of plaintiffs and against defendants in a total amount of $622,135.21. This includes $451,300.52 in fringe benefit contributions and deductions for the period of 7/1/2009 through 3/31/2013; $104,628.81 in interest through 10/21/2013; $99,203.93 in liquidated damages; and $7,001.95 in attorneys’ fees and costs. All of the above pursuant to the order of the Honorable Judge David N. Hurd, dated the 2nd day of January, 2014. DATED: January 3, 2014 s/ Nicole Killius Deputy Clerk 2

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