Bricklayers and Allied Craftworkers Local 2, Albany, New York Pension Fund et al v. Moulton Masonry & Construction, LLC et al
Filing
23
AMENDED 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 $662,135.21. Amended in order to reflect the correct total amount awarded to plaintiff, as the original judgment contains an incorrect amount. (nmk)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
AMENDED 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 $662,135.21.
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 16, 2014
s/ Nicole Killius
Deputy Clerk
2
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