Trustees of the Local 805 Pension and Retirement Fund v. Amsterdam Tobacco, Inc. et al

Filing 24

DEFAULT JUDGMENT: Having found favor of the Trustees, the Court awards damages under 29 U.S.C. § 1132.(g)(2) for (A) The unpaid contributions, in the amount of $758,840.00; (B) Interest on the unpaid contributions, in the amount of $ 164,583.56; and (C) An amount equal to the greater of (i) interest on the unpaid contributions or (ii) liquidated damages provided for under the plan in amount not in excess of 20 percent of the unpaid contributions for a total of $1,088,007.12. The Clerk of the Court is respectfully directed to enter judgment and close the case. (Signed by Judge Louis L. Stanton on 3/25/2024) (rro)

ORIGl,~AL
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
TRUSTEES OF THE LOCAL 805 PENSION
AND RETIREMENT FUND,
Plaintiff,
23 Civ. 732

(LLS)

- against DEFAULT JUDGMENT
AMSTERDAM TOBACCO,
AMSTERDAM, LLC,

INC.

and 1614

Defendants.

On January 27, 2023, plaintiff Trustees of the Local 805
Pension and Retirement Fund (the "Trustees") filed this action
against defendants Amsterdam Tobacco, Inc. ("Amsterdam") and
1614 Amsterdam LLC ("1614 LLC") claiming withdrawal liability
under 29 U.S.C. § 1451(a) (1) of the Employee Retirement Income
Security Act of 1974. On January 30, 2023, Amsterdam and 1614
LLC were served. Neither Amsterdam nor 1614 LLC responded to the
Complaint or entered an appearance in the case. On February 23,
2023, the Trustees sought and received the Clerk's Certificate
of Default. On January 3, 2024, the Trustees moved for default
judgment and filed a certificate of service of the proposed
default judgment, declaration in support of the default
judgment, and the statement of damages. Neither Amsterdam nor
1614 LLC responded.
The Motion for Default Judgment is granted. The Trustees
have alleged facts 1 sufficient to establish liability on its
claim for withdrawal liability. See Bakery & Confectionery Union
& Indus. Int'l Pension Fund v. Zaro Bake Shop, Inc., 2021 WL
2350094, at *3-4 (S.D.N.Y. June 8, 2021) .
As a result, the Court "shall award" statutory damages for
the Trustees. 29 U.S.C. § 1132 (g) (2) (c). However, the Trustees
must provide sufficient evidence of its requested damages.
Gesualdi v. Seacost Petroleum Prod., Inc., 97 F. Supp. 3d 87,
101 (E.D.N.Y. 2015).

1

Those facts are deemed admitted following Amsterdam and 1614
LLC's default, City of New York v. Mickalis Pawn Shop, LLC, 645
F.3d 114, 128, 137 (2d Cir. 2011).
1

Having found favor of the Trustees , the Court awards
damages under 29 U.S . C. § 1132(g) (2) for
(A)
(B)
(C)

The unpaid contributions , 2 in the amount of
$758 , 840 . 00;
Interest on the unpaid contributions , in the amount of
$164 , 583 . 56; and
An amount equal to the greater of (i) interest on the
unpaid contributions or (ii) liquidated damages 3
provided for under the plan in amount not in excess of
20 percent of the unpaid contributions

for a total of $1,088,007.12 .
The Clerk of the Court is respectfully directed to enter
judgment and close the case .
So ordered .
Dated: New York, New York
March 25 , 2024

~ L .s ~
LOUIS L. STANTON
U. S . D. J

29 U. S.C. §145l(b) provides that the amount of unpaid
contributions is equal to the withdrawal liability . Gesualdi, 97
F . Supp . 3d at 101.
3 The Trustees claim $151 , 768.00 in liquidated damages .
Since that
is less than the accrued interest , $164,583 . 56, the amount of
interest , is used again under ( c) ( i) .
2

2