Trustees of the Local 813 Pension Trust Fund v. Frank Miceli Jr. Contracting, Inc.
1:13-cv-00198
E.D.N.YMar 13, 2017Background
- Trustees of Local 813 Pension Trust Fund sued Frank Miceli Jr. Contracting, Inc. (FMC) and co‑defendants under ERISA/Multiemployer Pension Plan Amendment Act for withdrawal liability, interest, liquidated damages, and attorneys’ fees; summary judgment for plaintiff was granted March 31, 2016 for $79,574 in withdrawal liability, jointly and severally.
- Plaintiff moved for interest (Aug 28, 2012–Apr 15, 2016), liquidated damages, attorneys’ fees, and costs; matter referred to Magistrate Judge Orenstein for an R&R.
- Magistrate Judge Orenstein recommended awards of $9,396.27 in interest, $9,396.27 in liquidated damages, $33,682.25 in attorneys’ fees, and $350 in costs, for a total of $132,398.79 (including the previously awarded withdrawal liability).
- No party objected to the R&R; the district court reviewed the R&R and adopted it in full under 28 U.S.C. § 636(b)(1), but corrected the interest computation.
- The Court adjusted the interest (and thus liquidated damages) upward to $9,410.44 based on the correct day count, and directed entry of awards: $9,410.44 interest; $9,410.44 liquidated damages; $33,682.25 attorneys’ fees; $350 costs; plus the prior $79,574 withdrawal liability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper post‑judgment interest rate and amount for withdrawal liability period | Award interest for Aug 28, 2012–Apr 15, 2016 using PBGC/regulatory rates as calculated by Magistrate Judge | (No objection filed) | Court adopted Magistrate Judge’s use of PBGC rates (declined to resolve choice-of-rate issue) but corrected arithmetic; interest = $9,410.44 |
| Liquidated damages tied to interest award | Liquidated damages equal to interest award | (No objection filed) | Awarded liquidated damages equal to corrected interest: $9,410.44 |
| Attorneys’ fees and costs reasonableness | Requested fees and costs; Magistrate found $33,682.25 reasonable and $350 costs | (No objection filed) | Court adopted the recommended attorneys’ fees of $33,682.25 and costs of $350 |
| Standard of review for unopposed R&R | R&R entitled to adoption if no clear error; de novo review only for timely objections | Defendants did not object | Court applied clear‑error standard and adopted R&R in full pursuant to 28 U.S.C. § 636(b)(1) |
Key Cases Cited
- United States v. Romano, 794 F.3d 317 (2d Cir. 2015) (standard for district court review of magistrate judge recommendations and objections)
- Chime v. Peak Sec. Plus, Inc., 137 F. Supp. 3d 183 (E.D.N.Y. 2015) (general or conclusory objections to an R&R are reviewed for clear error)