The 32BJ North Pension Fund and its Board of Trustees v. Sedgwick & North Halls…
The 32BJ North Pension Fund and its Board of Trustees v. Sedgwick & North Halls Housing Development Fund Company, Inc.
- Vernon Broderick
- 1:24-cv-03674
- U.S. District Court · Southern District of New York
- 2
In 32BJ North Pension Fund v. Sedgwick & North Halls, Judge Broderick adopted damages recommendations after Defendant’s default and ordered judgment.
The 32BJ North Pension Fund and its Board of Trustees may obtain the recommended withdrawal-liability damages, interest, liquidated damages, attorney’s fees, and costs from Sedgwick & North Halls Housing Development Fund Company, Inc.; the case was ordered closed.
What happened
The 32BJ North Pension Fund and its Board of Trustees sued Sedgwick & North Halls Housing Development Fund Company, Inc. for unpaid withdrawal liability under the Employee Retirement Income Security Act. The court had already entered default judgment against Defendant on liability and referred the damages issue to a magistrate judge.
The magistrate judge recommended awarding $86,126.00 in unpaid withdrawal liability, prejudgment interest, $17,225.20 in liquidated damages, $11,235.00 in attorney’s fees, $835.96 in costs, and post-judgment interest. Neither party objected. After reviewing the recommendation for clear error, the court adopted it in full.
Judge Vernon S. Broderick directed the Clerk’s Office to enter judgment according to the order and close the case. The order did not describe any objections or disagreement with the recommended amounts.
The detailed version
- The 32BJ North Pension Fund and its Board of Trustees v. Sedgwick & North Halls… · No. 1:24-cv-03674
- Vernon Broderick
- Mar. 27, 2025
Background
The 32BJ North Pension Fund and its Board of Trustees brought a claim under the Employee Retirement Income Security Act of 1974 for delinquent withdrawal liability against Sedgwick & North Halls Housing Development Fund Company, Inc. On July 31, 2024, the court entered default judgment against Defendant as to liability. The court then referred the case to a magistrate judge to determine damages.
Magistrate Judge Henry J. Ricardo issued a Report and Recommendation on January 6, 2025. The report recommended an award of:
- $86,126.00 in unpaid withdrawal liability; - $76.62 in prejudgment interest, plus prejudgment interest on $86,126.00 calculated from November 29, 2023, through entry of judgment; - $17,225.20 in liquidated damages; - $11,235.00 in attorney’s fees; - $835.96 in costs; and - post-judgment interest.
The report was served on Defendant on January 8, 2025. Neither party filed objections or requested additional time to object.
Court’s Analysis
Under 28 U.S.C. § 636(b)(1), a district court may accept, reject, or modify a magistrate judge’s recommendations. When no timely objection is filed, the district court reviews the recommendation for clear error on the face of the record. Judge Vernon S. Broderick reviewed Magistrate Judge Ricardo’s report and found no clear error.
Disposition
The court adopted the Report and Recommendation in its entirety. The Clerk’s Office was directed to enter judgment in accordance with the order and close the case. Because the underlying liability was resolved by default rather than tested through an adversarial merits determination, this order is classified as a procedural order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.