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Trustees of International Union of Painters v. Paper Master, LLC

United States District Court, D. New Jersey

November 4, 2019

TRUSTEES OF INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES DISTRICT COUNCIL 711 HEALTH & WELFARE FUND, et al., Plaintiffs,
v.
PAPER MASTER, LLC, Defendant.

          STEVEN J. BUSHINSKY W. DANIEL FEEHAN, III O'BRIEN, BELLAND & BUSHINSKY, LLC 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 International Union of Painters and Allied Trades District Council 711 Health & Welfare Fund, et al. (“Plaintiffs” or “the Funds”), for default judgment against Defendant, Paper Master, LLC (“Defendant”), for unpaid contributions, statutory interest on the unpaid contributions, contractual liquidated damages, contractual penalties, and reasonable 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 January 1, 2014, through December 31, 2016, Defendant failed to make $44, 076.23 in required fringe benefit contributions to the Funds; and

         WHEREAS, as provided by the Policy for the Collection of Delinquent Contributions (“the Collection Policy”), [1] Plaintiff calculated interest at the rate of 7.25% compounded annually from September 27, 2018, to December 19, 2018, which yielded the amount of $323.75, and at the rate of 7.5% compounded annually from December 20, 2018, to May 6, 2019, which yielded the amount of $1, 250.28; and

         WHEREAS, pursuant to the Collection Policy, Defendant owes 20% of the principal amount that was due in liquidated damages plus $20 per Fund to which contributions were delinquent, which yielded the combined amount of $8, 975.25; and

         WHEREAS, pursuant to the Collection Policy, Defendant owes 20% of the principal amount that was due in delinquent penalties, which yielded the amount of $8, 815.25; and

         WHEREAS, pursuant to the Collection Policy, Defendant also owes $373.50 for the cost of the audit; and

         WHEREAS, the total of the above figures is $63, 814.26;[2] and

         WHEREAS, Plaintiffs calculate reasonable attorneys' fees and costs to be $1, 059.25; and

         WHEREAS, therefore, Plaintiffs seek judgment against Defendant in the amount of $64, 873.51; and

         WHEREAS, Defendant, through its registered agent Richard Kitrick, Esq., was served with Plaintiffs' complaint on January 10, 2019;[3] but

         WHEREAS, Defendant failed to file an answer or otherwise appear, and on April 9, 2019, the Clerk granted Plaintiffs' request for the entry of default ...


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