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S.D.N.Y.Procedural orderFiled Aug. 5, 2024

Board of Trustees of the I.A.T.S.E. Annuity Fund v. National Convention Services

Full caption

Board of Trustees of the I.A.T.S.E. Annuity Fund v. National Convention Services, LLC

Judge
Gregory Woods
Docket
1:24-cv-00019
Court
U.S. District Court · Southern District of New York
Pages
2
ErisaContractCivil Procedure
In one sentence

Board of Trustee v. National Convention Services, Judge Woods granted default judgment for $127,556.01 plus post-judgment interest.

Who this affects

The plaintiffs received a default judgment against National Convention Services, LLC for $127,556.01 plus post-judgment interest until the defendant complies with the judgment.

What happened

In Board of Trustee of the I.A.T.S.E. Annuity Fund, et al. v. National Convention Services, LLC, the plaintiffs sought a default judgment for unpaid contributions to employee benefit plans required by a collective bargaining agreement.

A magistrate judge recommended granting the motion and awarding $127,556.01 in damages, attorneys’ fees, costs, and prejudgment interest. National Convention Services did not file objections within the allowed period.

Judge Woods found no clear error, adopted the recommendation in full, granted the plaintiffs’ motion for default judgment, and directed entry of judgment for $127,556.01 plus post-judgment interest until the defendant complies.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Board of Trustees of the I.A.T.S.E. Annuity Fund v. National Convention Services · No. 1:24-cv-00019
Judge
Gregory Woods
Date
Aug. 5, 2024

Background

The plaintiffs moved for default judgment against National Convention Services, LLC. Magistrate Judge Aaron issued a Report and Recommendation recommending that the motion be granted. The recommendation found the defendant liable under 29 U.S.C. § 1145 and 29 U.S.C. § 185(a) for failing to make contributions to employee benefit plans as required by a collective bargaining agreement.

The Report and Recommendation determined that the plaintiffs were entitled to $127,556.01 in damages, attorneys’ fees, costs, and prejudgment interest.

Review of the Recommendation

The defendant was mailed the Report and Recommendation on July 17, 2024. Because it was served by mail, the defendant had seventeen days to submit written objections. No objection was filed within that period. The court therefore reviewed the recommendation for clear error, meaning an obvious mistake apparent from the record, and found none.

Ruling

The court accepted and adopted the Report and Recommendation in its entirety and granted the plaintiffs’ motion for default judgment. The Clerk of Court was directed to enter judgment for the plaintiffs in the amount of $127,556.01, plus post-judgment interest calculated under 28 U.S.C. § 1961 until the defendant complies with the judgment. The court also directed that the motion be terminated and the case closed. Judge Gregory H. Woods signed the order on August 5, 2024.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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