Theatrical Drivers and Helpers Local Union No. 817 International Brotherhood of…
Theatrical Drivers and Helpers Local Union No. 817 International Brotherhood of Teamsters v. BNM Production Services, Inc.
- Alison Nathan
- 1:21-cv-01755
- U.S. District Court · Southern District of New York
- 2
Theatrical Drivers v. BNM Production Services: Judge Nathan adopted the recommendation, treated the motion as summary judgment, granted it, and entered a $39,112.82 judgment.
The ruling gave the union a $39,112.82 judgment against BNM Production Services, Inc., with specified amounts directed to or for Jesse Davidson, Jennifer Sonnenfeld, Susan Shopmaker, and Emily Fleisher, related funds, and Local 817.
What happened
In Theatrical Drivers and Helpers Local Union No. 817 International Brotherhood of Teamsters v. BNM Production Services, Inc., the union sought a judgment against BNM after BNM did not respond to the case.
The court had referred the union’s motion to Magistrate Judge Sarah L. Cave, who recommended treating it as a request for summary judgment and granting it. No one objected to that recommendation, so the court checked the record for an obvious mistake and found none.
Judge Alison J. Nathan adopted the recommendation, granted the union’s motion, and directed entry of a $39,112.82 judgment against BNM. The judgment included payments connected to four individuals, payments to specified funds on their behalf, and $275 for the union’s arbitration-related administrative fee.
The detailed version
- Theatrical Drivers and Helpers Local Union No. 817 International Brotherhood of… · No. 1:21-cv-01755
- Alison Nathan
- Feb. 28, 2022
Background
The union filed a motion seeking default judgment against BNM Production Services, Inc. The court referred the motion to Magistrate Judge Sarah L. Cave. Judge Cave recommended that the court treat the motion as a motion for summary judgment—a request to decide the case based on the record when there is no genuine dispute requiring a trial—and grant the union’s motion.
Review of the Recommendation
The court explained that it could accept, reject, or modify the magistrate judge’s recommendation. Because no objection was filed by the deadline, Judge Nathan reviewed the recommendation for clear error, meaning an obvious mistake shown by the record. The court found no clear error.
Ruling
Judge Nathan adopted the Report and Recommendation in its entirety and granted the union’s motion against BNM. The court directed entry of judgment in the total amount of $39,112.82, allocated as follows:
- $4,034.00 for lost salary, meals, and rentals to Jesse Davidson, plus $1,419.65 to the MPIPHP on his behalf, with post-judgment interest as required by federal law. - $3,792.00 for lost salary, meals, and rentals to Jennifer Sonnenfeld, plus $532.37 to the MPHIPHP on her behalf, with post-judgment interest. - $20,000 for lost salary to Susan Shopmaker, plus $4,365.20 to the MHPIPHP on her behalf, with post-judgment interest. - $3,000 for lost salary to Emily Fleisher, plus $1,694.60 to the MHPIPHP on her behalf, with post-judgment interest. - $275.00 to Local 817 for the arbitrator’s administrative fee.
The court directed the clerk to enter judgment and close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.