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New Jersey Building Laborers'statewide Pension Fund v. C. Latorre Concrete, LLC

United States District Court, Third Circuit

September 24, 2013

NEW JERSEY BUILDING LABORERS' STATEWIDE PENSION FUND AND TRUSTEES THEREOF, Plaintiffs,
v.
C. LATORRE CONCRETE, LLC, Defendant.

MEMORANDUM OPINION AND ORDER

NOEL L. HILLMAN, District Judge.

This matter having come before the Court by way of an amended motion [Doc. No. 14] by Plaintiffs New Jersey Building Laborers' Statewide Pension Fund and trustees thereof (hereinafter, "the Pension Fund" or Plaintiffs), seeking default judgment on Plaintiffs' claims against Defendant C. Latorre Concrete, LLC, [1] to recover unpaid withdrawal liability owed to the Pension Fund; and

Plaintiffs averring that under the terms of a Collective Bargaining Agreement ("CBA") to which Defendant was subject, Defendant was required to make fringe benefit contributions on behalf of Union members, including contributions to the Pension Fund, (Am. Compl. [Doc. No. 6] ¶¶ 7, 9); and

Plaintiffs also averring that on approximately April 30, 2012, Defendant withdrew its recognition of the Union as Defendant's employees' bargaining representative, (Id. ¶ 11); and

Plaintiffs further averring that Defendant thus permanently affected a "complete withdrawal" from the Pension Fund within the meaning of Section 4203 of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1383, by virtue of Defendant's withdrawal of recognition of the Union and by Defendant continuing to perform worked covered by the CBA without contributing to the Pension Fund, (Id. ¶ 12); and

Plaintiffs asserting that they are entitled to withdrawal liability in the amount of $64, 924.00, for which a demand was made upon Defendant, and for which Defendant failed to make payment, and also failed to otherwise timely cure its default on this payment, (Id. ¶¶ 13-16); and

Plaintiffs further asserting that they are entitled to interest, liquidated damages, and attorneys' fees and costs pursuant to Sections 502(g)(2) and 4301(b) of ERISA, 29 U.S.C. §§ 1132(g)(2), 1451(b), (Id. ¶ 26); and

Plaintiffs having previously moved for default judgment [Doc. No. 10] on June 20, 2013; and

The Court having found that "because Defendant has failed to appear and respond to Plaintiffs' charges in this matter, Defendant is deemed to have admitted the conduct alleged in Plaintiffs' amended complaint, " (Order [Doc. No. 11] 5, Aug. 6, 2013) (citation omitted); and

The Court having further found that "Plaintiffs would be prejudiced if denied default judgment because they have no other means of vindicating their claims against Defendant, who has not responded, submitted any meritorious defenses, or otherwise offered any excusable reasons for their default, " (Id. at 5-6.) (citation omitted); but

The Court having noted that Plaintiffs did not submit any documentation in support of the amount of withdraw liability sought, or in support of the amount of interest, liquidated damages, attorneys' fees or costs sought, (id. at 6-7); and

The Court therefore having denied Plaintiffs' original motion without prejudice and having granted Plaintiffs additional time to file an amended motion including the necessary supporting documents; and

Plaintiffs having filed the amended motion for default judgment on September 9, 2013;[2] and

The Court having reviewed the Affidavit [Doc. No. 14-2] of Mary Castrovinci, the Plan Administrator for the Pension Fund, along with its attached exhibits, including Exhibit D - the Withdraw Liability Report prepared by The ...


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