Trustees Of The New York City District Council Of Carpenters Pension Fund v…

Background

The court’s July 21, 2025 Opinion and Order Findings of Fact and Conclusions of Law directed plaintiffs to file a proposed judgment and supporting materials for an award of reasonable attorneys’ fees and costs. Plaintiffs timely filed those materials. Defendant did not respond and did not request an extension, so the court deemed the proposed judgment and fee application unopposed.

The underlying dispute involved claims under the Employee Retirement Income Security Act (ERISA) concerning unpaid contributions. The court stated that ERISA requires an award of reasonable attorneys’ fees and costs when a fiduciary brings an action to enforce the contribution-payment provision and obtains a judgment for the plan. The court also noted that audit fees may be awarded as additional legal or equitable relief.

Requested Fees and Costs

Plaintiffs sought $91,041.10 in attorneys’ fees for 315.6 hours of attorney and professional time performed by Virginia & Ambinder LLP. The submission included contemporaneous billing records and invoices. The hourly rates ranged from $350 to $475 for partners, $275 to $310 for associates and a law clerk, and $120 to $163 for paralegals.

The court found the rates reasonable and consistent with rates commonly charged in the Southern District of New York for contribution disputes. It also found that the 315.6 hours were reasonable and not redundant. In reaching that conclusion, the court described the litigation as hard-fought and noted that it proceeded to trial, included a successful motion to compel and third-party banking discovery, and involved auditing, mediation, and trial-related work. The court also noted that plaintiffs voluntarily dismissed all claims against Alite Floor LLC after conducting discovery concerning that entity.

Plaintiffs documented $1,526.49 in litigation costs and expenses, including filing, service-of-process, trial-transcript, copying, subpoena, postage, legal-research, and subway-fare expenses. Plaintiffs also requested $7,861 in audit costs. The court found both categories reasonable.

Ruling

Judge Castel granted plaintiffs’ application for $91,041.10 in attorneys’ fees, granted their application for $1,526.49 in litigation costs and expenses, and granted their application for $7,861 in audit costs. The court approved the proposed judgment, which conformed to the earlier opinion’s award of principal on unpaid contributions, twice the interest owed on those contributions, audit costs, and reasonable attorneys’ fees, costs, and expenses. The court stated that it would separately enter judgment in favor of plaintiffs.