Trustees of the Sheet Metal Workers' Local Union No. 28 Funds and Plans v. Bo…

Background

The plaintiffs moved for a default judgment. The court had previously found Bo Guards Mechanicals LLC in default and referred the question of damages to Magistrate Judge Katharine H. Parker for an inquest, meaning a proceeding to determine the amount owed. Judge Parker recommended awards of $1,840,477.33 in delinquent contributions, $502,096.69 in interest, $368,096.69 in liquidated damages, $11,318.00 in attorneys’ fees, and $602.42 in costs. She also recommended ordering Bo Guards to produce the documents requested in the audit or state that the documents did not exist.

Review of the Recommendation

Because no party objected to the magistrate judge’s report and recommendation, the court reviewed it for clear error, meaning an obvious mistake on the record. The court found no facial error and adopted the recommendation, except for a minor mathematical correction. The court calculated the attorneys’ fees as follows: 2.1 hours by Ms. Piazza at $150 per hour, 15.8 hours by Ms. Murphy at $150 per hour, 0.3 hours by Mr. O’Hara at $400 per hour, and 34 hours by Mr. Keane at $250 per hour. Those amounts totaled $11,305.00, rather than the $11,318.00 stated in the recommendation.

Ruling

Judge Engelmayer granted the plaintiffs’ motion. The court awarded $1,840,477.33 in delinquent contributions, $502,096.69 in interest, $368,096.69 in liquidated damages, $11,305.00 in attorneys’ fees, and $602.42 in costs. It also ordered Bo Guards, within 30 days of the decision’s issuance, to produce the documents sought in the audit or state that the documents did not exist. The Clerk of Court was directed to close the case. The court also stated that the parties’ failure to object to the report waived appellate review of those objections.