Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Trustees of New Jersey B.A.C. Health Fund v. BFI Concrete LLC

United States District Court, D. New Jersey

May 13, 2019

TRUSTEES OF THE NEW JERSEY B.A.C. HEALTH FUND, et al., Plaintiffs,
v.
BFI CONCRETE, LLC, Defendant.

          NICOLE MARIE MARIMON VIRGINIA & AMBINDER LLP On behalf of Plaintiffs

          MEMORANDUM OPINION & ORDER

          NOEL L. HILLMAN, U.S.D.J.

         WHEREAS, pending before the Court is the motion of Plaintiffs, Trustees of the New Jersey B.A.C. Health Fund, et al., for default judgment against Defendant, BFI Concrete, LLC, for contractual liquidated damages, statutory interest and attorneys' fees and costs incurred by Plaintiffs pursuant to 29 U.S.C. §§ 185(a) and 1132(g)(2); and

         WHEREAS, Section 515 of the Employee Retirement Income Security Act, 29 U.S.C. § 1145, provides that “[e]very Employer who is obligated to make contributions to a multiemployer plan . . . under the terms of a collectively bargained agreement shall . . . make such contributions in accordance with . . . such agreement”; and

         WHEREAS, Plaintiffs claim that from April 16, 2018 through April 20, 2018, employees of BFI performed Covered Work on a project in Kearny, New Jersey (“Kearney Project”), and in connection with Covered Work performed on the Kearney Project, BFI failed to make $2, 187.90 in required contributions to the Funds and failed to remit $242.51 in required dues check-offs to the Union; and

         WHEREAS, Plaintiffs further claim that from April 11, 2018 through April 26, 2018, employees of BFI performed Covered Work on the Arizona Ice Tea project (the “Arizona Project”) in Keasbey, New Jersey, and in connection with Covered Work performed on the Arizona Project, BFI failed to make $1, 597 in required contributions to the Funds and failed to remit $177 in required dues check-offs to the Union; and

         WHEREAS, Plaintiffs claim that from January 11, 2018 through February 23, 2018, employees of BFI performed Covered Work on a project located in Piscataway, New Jersey (“Piscataway Project”), and in connection with Covered Work performed on the Piscataway Project, BFI failed to make $7, 664.78 in required contributions to the Funds and failed to remit $856.24 in required dues check-offs to the Union; and

         WHEREAS, Plaintiffs claim that from April 9, 2018, employees of BFI performed Covered Work on the Route 130 Dayton project (the “Route 130 Project”), and in connection with Covered Work performed on the Route 130 Project, BFI failed to make $1, 337.15 in required contributions to the Funds and failed to remit $163.50 in required dues check-offs to the Union; and

         WHEREAS, shortly after the Funds commenced this action against BFI, the general contractor on the project, GMAC, remitted all contributions and dues check-offs owed in connection with the Projects to the Funds and the Union, and to date, there remains an outstanding balance of interest, liquidated damages, and attorneys' fees and costs; and

         WHEREAS, as provided by the Collection Policy, the Funds calculated interest at the prescribed rate of 10% compounded annually from the date following the date that each contribution was due to the Local Funds up to August 31, 2018, the date all contributions and dues check-offs were paid, which yielded the amount of $213.01. Interest was calculated at the prescribed rate of 15% compounded annually from the date following the date that each contribution was due to the International Funds up to August 31, 2018, the date all contributions and dues check-offs were paid which yielded the amount of $473.22.[1] Additionally, pursuant to the Collection Policy, BFI owes twenty percent (20%) of the principal amount that was due in liquidated damages. The liquidated damages due are in the amount of $2, 557.37; and

         WHEREAS, Plaintiffs seek judgment against Defendant in the amount of $3, 243.60, plus attorneys' fees and costs; and

         WHEREAS, Defendant was served with Plaintiffs' complaint on July 13, 2018; but

         WHEREAS, Defendant failed to file an answer or otherwise appear, and on December 10, 2018, the Clerk granted Plaintiffs' request for the entry of default against Defendant pursuant to Fed.R.Civ.P. 55(a); and

         WHEREAS, because Defendant still has not appeared in this action, Plaintiffs have filed the instant motion for default judgment ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.