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S.D.N.Y.Procedural orderFiled Jan. 6, 2023

Trustees of the New York City District Council of Carpenters Pension Fund v. PF…

Full caption

Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund v. PF Commercial Flooring, Ltd.

Judge
Lorna Schofield
Docket
1:21-cv-03539
Court
U.S. District Court · Southern District of New York
Pages
2
ErisaCivil ProcedureFee Petition
In one sentence

In Trustees of the NYC District Council of Carpenters v. PF Commercial Flooring, Judge Schofield entered a $1.62 million default judgment plus fees.

Who this affects

The judgment affects PF Commercial Flooring, Ltd. and Absolute Flooring, Inc., which are jointly and severally liable to the plaintiffs for $1,620,060.51 in damages, plus $28,510.98 in attorneys’ fees and costs and post-judgment interest. The defendants’ counterclaims were dismissed.

What happened

In Trustees of the NYC District Council of Carpenters v. PF Commercial Flooring, the plaintiffs sought money under the Employee Retirement Income Security Act, the Labor Management Relations Act, and agreements between the parties. The judgment was against PF Commercial Flooring, Ltd. and Absolute Flooring, Inc., jointly and separately.

The court awarded $1,620,060.51 in damages: unpaid contributions, interest, liquidated damages, and audit costs. It also awarded $28,510.98 in attorneys’ fees and costs and post-judgment interest at the statutory rate. The defendants’ counterclaims were dismissed.

Judge Schofield’s judgment retained jurisdiction to enforce the judgment and closed the case.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Trustees of the New York City District Council of Carpenters Pension Fund v. PF… · No. 1:21-cv-03539
Judge
Lorna Schofield
Date
Jan. 6, 2023

Background

The plaintiffs obtained judgment under Rule 55 of the Federal Rules of Civil Procedure, which governs default judgments. The judgment was entered against PF Commercial Flooring, Ltd. and Absolute Flooring, Inc., jointly and severally, based on Sections 502 and 515 of the Employee Retirement Income Security Act, Section 301 of the Labor Management Relations Act, and the parties’ agreements.

The judgment relied on an audit of Absolute Flooring, Inc.’s books and records covering April 21, 2015, through December 31, 2021. The defendants conceded that they had no documents rebutting the audit.

Damages and Fees

The court awarded total damages of $1,620,060.51, consisting of:

- $1,177,175.46 in delinquent contributions; - $206,244.96 in interest, calculated under the collective bargaining agreement and the plaintiffs’ collection policy; - $235,435.09 in liquidated damages; and - $1,205.00 in audit costs.

The court also awarded the plaintiffs $28,510.98 in attorneys’ fees and costs. It found the hourly rates, billing records, hours billed, filing fee, and other expenses reasonable. The court further awarded post-judgment interest at the statutory rate.

Ruling and Disposition

Judge Lorna Schofield’s judgment retained jurisdiction to enforce the judgment. The defendants’ counterclaims were dismissed, and the case was closed. The judgment states that its reasons are provided in the court’s January 5, 2023, order, which is not included in the supplied text.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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