Trustees of the New York City District Council of Carpenters Pension Fund v…
Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational and Industry Fund v. Prime Contractors Inc.
- Analisa Torres
- 1:23-cv-09033
- U.S. District Court · Southern District of New York
- 2
In Trustees of the New York City District Council of Carpenters Pension Fund v. Prime Contractors Inc., Judge Torres granted default judgment for $16,807.25 plus interest.
The plaintiffs and Prime Contractors Inc.; the order requires Prime to pay the plaintiffs $16,807.25 in liquidated damages plus post-judgment interest.
What happened
In Trustees of the New York City District Council of Carpenters Pension Fund v. Prime Contractors Inc., the plaintiffs sued Prime Contractors Inc., UTB—United Technology, Inc., and QBE Insurance Corporation, including under the Employee Retirement Income Security Act. The plaintiffs later voluntarily dismissed their claims against UTB and QBE.
The plaintiffs asked for a default judgment against Prime after Prime failed to defend the case. Magistrate Judge Robyn F. Tarnofsky recommended entering judgment and awarding $16,807.25 in liquidated damages, plus interest after judgment. No party objected to the recommendation.
Judge Analisa Torres found no clear error, adopted the recommendation in full, and granted the plaintiffs’ motion for default judgment against Prime. Prime must pay $16,807.25 in liquidated damages, plus post-judgment interest under federal law.
The detailed version
- Trustees of the New York City District Council of Carpenters Pension Fund v… · No. 1:23-cv-09033
- Analisa Torres
- Dec. 9, 2024
Background
The plaintiffs brought the action against Prime Contractors Inc. (“Prime”), UTB—United Technology, Inc. (“UTB”), and QBE Insurance Corporation (“QBE”). The complaint asserted, among other claims, claims under the Employee Retirement Income Security Act, a federal law governing employee benefit plans.
The plaintiffs voluntarily dismissed their claims against UTB and QBE. They then moved for a default judgment against Prime on February 9, 2024. A default judgment is a judgment entered when a party does not defend the case.
Report and Recommendation
Judge Torres referred the motion to Magistrate Judge Robyn F. Tarnofsky. Judge Tarnofsky recommended entering a default judgment against Prime and awarding the plaintiffs $16,807.25 in liquidated damages, plus post-judgment interest under 28 U.S.C. § 1961.
The parties received notice that they could object to the recommendation, but no party filed an objection before the deadline. Because there were no objections, Judge Torres reviewed the recommendation for clear error, meaning an obvious mistake.
Ruling
Judge Torres found no clear error in the recommendation and adopted it in its entirety. The court granted the plaintiffs’ motion for a default judgment against Prime. Prime must pay the plaintiffs $16,807.25 in liquidated damages, plus post-judgment interest under 28 U.S.C. § 1961.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.