UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------------------------X For Online Publication Only TRUSTEES OF THE LOCAL 138, 138A AND 138B INTERNATIONAL UNION OF OPERATING ENGINEERS WELFARE FUND, ANNUITY FUND, ORDER LEGAL FUND, VACATION FUND, 19-CV-2207 (JMA) (ST) APPRENTICESHIP TRAINING FUND AND TRUSTEES OF THE CENTRAL PENSION FUND OF FILED THE INTERNATIONAL UNION OF OPERATING CLERK ENGINEERS. 4:13 pm, Aug 07, 2020 Plaintiffs, U.S. DISTRICT COURT -against- EASTERN DISTRICT OF NEW YORK LONG ISLAND OFFICE

SWEET HOLLOW MANAGEMENT CORP.,

Defendant. ----------------------------------------------------------------------X AZRACK, United States District Judge: Pending before the Court is the motion of plaintiffs Trustees of the Local 138, 138A and 138B International Union of Operating Engineers Welfare Fund, Annuity Fund, Legal Fund, Vacation Fund, Apprenticeship Training Fund and Trustees of the Central Pension Fund of the International Union of Operating Engineers (“Plaintiffs”) for default judgment against defendant Sweet Hollow Management Corp. (“Defendant”). For the reasons stated herein, Plaintiffs’ motion is GRANTED. I. DISCUSSION A. Defendant Defaulted Defendant was properly served in the action, but has not answered, appeared in this action, responded to the instant motion for default judgment, or otherwise defended this action. B. Liability When a defendant defaults, the Court is required to accept all the factual allegations in the complaint as true and draw all reasonable inferences in the plaintiff’s favor. Finkel v. Romanowicz,

(2d Cir. 2009). However, the Court also must determine whether the allegations in the complaint establish the defendant’s liability as a matter of law.

Here,

Plaintiffs allege that Defendant violated Section 515 of ERISA,

, and the operative Collective Bargaining and Trust Agreements. (ECF No. 1 at 8-9.) The Court finds that the allegations in the complaint are sufficient to establish Defendant’s liability. C. Damages “‘[W]hile a party’s default is deemed to constitute a concession of all well pleaded allegations of liability, it is not considered an admission of damages.’” Bricklayers & Allied Craftworkers Local 2, Albany, N.Y. Pension Fund v. Moulton Masonry & Const., LLC,

(2d Cir. 2015) (quoting Cement & Concrete Workers Dist. Council Welfare Fund v. Metro Found. Contractors, Inc.,

(2d Cir. 2012)). The Court must conduct an

inquiry to “ascertain the amount of damages with reasonable certainty.” Credit Lyonnais Sec., Inc. v. Alcantara,

(2d Cir. 1999) (citing Transatlantic Marine Claims Agency, Inc. v. Ace Shipping Corp.,

(2d Cir. 1997)). The Court finds that the Affidavit of the Administrator and attached supporting evidence, (ECF No. 11), establish damages in the following amounts to a reasonable certainty: $82,813.22 in unpaid contributions, $5,662.09 in interest, $16,562.64 in liquidated damages (calculated at 20% of the unpaid contributions), $8,122.00 in attorneys’ fees1, and $760.80 in costs.

1 The rates and hours expended are consistent with those that other courts in this district have found to be reasonable for the work of Plaintiffs’ counsel in cases of a similar nature. -Se-e, -e.-g.-, -Tr-us-te-e-s o-f- L-oc-a-l 1-3-8,- 1-38-A- &- -13-8-B- In-t-’l Union of Operating Engineers Welfare Fund, Annuity Fund, Legal Fund, Vacation Fund, Apprenticeship Training Fund v. Carlo Lizza & Sons Paving Inc., No. 17-CV-4651,

, at *2 (E.D.N.Y. May 28, 2 II. CONCLUSION The Clerk of Court is respectfully directed to enter judgment against Defendant for $82,813.22 in unpaid contributions, $5,662.09 in interest, $16,562.64 in liquidated damages, $8,122.00 in attorneys’ fees, and $760.80 in costs. Plaintiffs are also directed to serve a copy of this Order on Defendant and file proof of

service on ECF within seven (7) days. The Clerk of Court is respectfully directed to close this case. SO ORDERED. Dated: August 7, 2020 Central Islip, New York /s/ (JMA) _______ JOAN M. AZRACK UNITED STATES DISTRICT JUDGE

2019), adopted by,

(E.D.N.Y. June 18, 2019); Trustees of Local 138, 138A & 138B Int’l Union of Operating Engineers Welfare Fund, Annuity Fund, Legal Fund, Vacation Fund, Apprenticeship Training Fund v. Early Bird Sweeping Contractors, Inc., No. 16-CV-1066,

, at *3 (E.D.N.Y. Dec. 19, 2018), adopted by,

(E.D.N.Y. Mar. 19, 2019). 3