Kane, Jr. v. National Farm Wholesale Fruit & Vegetable Corp.
- Vernon Broderick
- 1:17-cv-09487-VSB-SLC
- U.S. District Court · Southern District of New York
- 3
In Kane, Jr. v. National Farm Wholesale Fruit & Vegetable Corp., Judge Broderick adopted a fee recommendation, granting the motion in part, denying it in part, and awarding $15,466.50.
The trustees of the United Teamster Fund and the United Teamster Pension Fund “A,” and National Farm Wholesale Fruit & Vegetable Corp.
What happened
In Kane, Jr. v. National Farm Wholesale Fruit & Vegetable Corp., trustees of the United Teamster Fund and the United Teamster Pension Fund “A” sued National Farm Wholesale Fruit & Vegetable Corp. for unpaid pension withdrawal liability under federal benefits law. The court had previously granted the trustees’ motion for summary judgment and entered judgment for the Fund.
The trustees then sought attorneys’ fees and costs. Magistrate Judge Sarah L. Cave recommended granting the motion in part and denying it in part, with an award of $15,042.75 in attorneys’ fees and $423.75 in costs. Neither party objected to that recommendation.
Judge Vernon S. Broderick reviewed the recommendation for clear error, found none, and adopted it in its entirety. The court therefore granted the motion in part and denied it in part, awarded $15,466.50, directed the Clerk to enter judgment, and closed the case.
The detailed version
- Kane, Jr. v. National Farm Wholesale Fruit & Vegetable Corp. · No. 1:17-cv-09487-VSB-SLC
- Vernon Broderick
- Oct. 13, 2023
Background
The plaintiffs are trustees of the United Teamster Fund and the United Teamster Pension Fund “A,” collectively called the “Fund.” They sued National Farm Wholesale Fruit & Vegetable Corp. for unpaid partial withdrawal liability under the Employment Retirement Income Security Act of 1974 (ERISA), as amended by the Multiemployer Pension Plan Amendments Act of 1980.
The plaintiffs moved for summary judgment on December 6, 2019. Judge Broderick granted that motion on January 14, 2022, and the Clerk entered judgment for the Fund against National Farm on January 18, 2022.
Fee Motion and Recommendation
On February 11, 2022, the plaintiffs moved for attorneys’ fees and costs. National Farm opposed the motion, and the plaintiffs filed a reply. Judge Broderick referred the motion to Magistrate Judge Sarah L. Cave for a report and recommendation.
On August 5, 2022, Judge Cave recommended that the motion be granted in part and denied in part. She recommended awarding the plaintiffs $15,042.75 in attorneys’ fees and $423.75 in costs, for a total of $15,466.50.
Court’s Review and Ruling
Neither party objected to the report and recommendation or requested additional time to do so. Because there were no timely objections, Judge Broderick reviewed the recommendation for clear error on the record. He found no clear error and adopted the report and recommendation in its entirety.
The court granted the motion in part and denied it in part and awarded the plaintiffs $15,466.50, consisting of $15,042.75 in attorneys’ fees and $423.75 in costs. The Clerk was directed to terminate any open motions, enter judgment in accordance with the order, and close the case.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.