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

Background

The plaintiffs brought claims under the Employee Retirement Income Security Act, a federal law governing employee-benefit plans, alleging that the defendants failed to remit contributions required by a collective bargaining agreement. On September 15, 2021, the court granted default judgment on liability as to NYC Flooring L.L.C. and KNF Renovations, LLC. A default judgment is a judgment entered after a defendant does not defend the case; the earlier ruling decided liability, while this order addressed the amount of money owed.

Damages

The plaintiffs requested $5,918,444.87, plus post-judgment interest, including $5,847,989.29 in damages calculated from audits and $70,455.58 in attorneys’ fees and costs. The court found that declarations and audit reports supported the claimed delinquencies. The supported amounts included $703,910.19 for NYC Flooring’s unpaid contributions and related charges for June 26, 2017, through December 31, 2019; $5,116,203.74 for KNF Renovations’ unpaid contributions and related charges for July 1, 2014, through December 29, 2019; and $27,375.36 for an earlier NYC Flooring audit period. The court excluded a $500 arbitration cost because the plaintiffs did not explain their entitlement to it or provide information about the arbitration that produced the charge.

Attorneys’ Fees and Interest

The court awarded the requested $70,455.58 in attorneys’ fees and costs. It accepted $4,024.08 in costs and found that 237.6 hours of work was reasonable given the nearly three-year litigation, amended complaints, motion practice, discovery disputes, depositions, and subpoenas. It also found the billing rates—$120 per hour for legal assistants, $275 per hour for counsel while an associate, and $350 per hour for counsel while a partner—to be reasonable.

The court also awarded post-judgment interest at the rate required by 28 U.S.C. § 1961(a), beginning on the date of judgment. Judge Lewis J. Liman directed the Clerk of Court to prepare a judgment in favor of the plaintiffs and against NYC Flooring L.L.C. and KNF Renovations in the amount of $5,917,944.87, consisting of $5,847,489.29 in damages and $70,455.58 in attorneys’ fees and costs. The court directed the Clerk to close Docket No. 79.