Opinion
17 Civ. 5129 (JGK)(HBP)
12-06-2018
MASON TENDERS' DISTRICT COUNCIL WELFARE FUND, PENSION FUND, ANNUITY FUND, and TRAINING FUND, et al., Plaintiffs, v. BENJAMIN KURZBAN & SON CONTROL, INC., et al., Defendants.
REPORT AND RECOMMENDATION
: TO THE HONORABLE JOHN G. KOELTL, United States District Judge:
I. Introduction
By Order dated April 12, 2018, the Honorable John G. Koeltl, United States District Judge, referred this matter to me to conduct an inquest with respect to plaintiffs' damages. Pursuant to Judge Koeltl's Order, I issued a scheduling Order on April 20, 2018 (Docket Item ("D.I.") 37). My Scheduling Order provided, in pertinent part:
1. Plaintiff[s] shall submit proposed findings of fact and conclusions of law concerning damages no later than May 18, 2018. All factual assertions made by plaintiff[s] are to be supported by either affidavit or other material of evidentiary weight.
2. Defendants Benjamin Kurzban [&] Son Control Inc. and Mitchell Kurzban shall submit their response to plaintiff[s'] submissions, if any, no later than June 18, 2018. IF BENJAMIN KURZBAN [&] SON CONTROL INC. AND MITCHELL KURZBAN (1) FAIL TO RESPOND TO PLAINTIFF'S SUBMISSIONS, OR (2) FAIL TO CONTACT MY CHAMBERS BY [JUNE 18,] 2018 AND REQUEST AN IN-COURT HEARING, IT IS MY INTENTION TO ISSUE A REPORT AND RECOMMENDATION CONCERNING DAMAGES ON THE BASIS OF PLAINTIFF[S'] WRITTEN SUBMISSIONS ALONE WITHOUT AN IN-COURT HEARING. See Transatlantic Marine Claims Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105, 111 (2d Cir. 1997); Fustok v. ContiCommodity Services Inc., 873 F.2d 38, 40 (2d Cir. 1989) ("[I]t is not necessary for the District Court to hold a hearing, as long as it ensured that there was a basis for the damages specified in the default judgment.")
Plaintiffs made a deficient submission in support of their application for damages on May 18, 2018, prompting me to issue a second Order on May 21, 2018 directing plaintiffs to submit proper proposed findings of fact and conclusions of law by June 4, 2018, and extending defendants' time to file opposition papers to July 5, 2018. Plaintiffs timely submitted proper proposed findings of fact and conclusions of law on June 4, 2018.
Copies of both my April 20 and May 21, 2018 Orders were mailed to Benjamin Kurzban & Son Control, Inc. at 1248 Ralph Avenue, Brooklyn, New York 11236 and to the Estate of Mitchell Kurzban at 24533 Stagg Street, West Hills, California 91304. To date, neither defendant has submitted any materials in response to plaintiffs' submissions, nor has either contacted my chambers in anyway. Accordingly, on the basis of plaintiffs' submissions alone, I make the following findings of fact and conclusions of law.
II. Findings of Fact
A. The Parties
1. Plaintiffs, Mason Tenders' District Council Welfare Fund, Pension Fund, Annuity Fund, and Training Fund (collectively, the "Funds") are jointly administered, multi-employer, labor-management trust funds established and maintained pursuant to collective bargaining agreements in accordance with Sections 302(c)(5) and (c)(6) of the Taft-Hartley Act, 29 U.S.C. § 186(c)(5), (c)(6). The Funds are employee benefit plans within the meaning of Section 3(1), 3(2), 3(3) and 502(d)(1) of the Employment Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1002(1), (2), (3) and 1132(d)(1), and the Funds are multi-employer plans within the meaning of Sections 3(37) and 515 of ERISA, 29 U.S.C. §§ 1002(37) and 1145. The purpose of the Funds is to provide fringe benefits to eligible employees, on whose behalf employers contribute to the Funds, pursuant to collective bargaining agreements between employers in the building and construction industry and the Mason Tenders District Council ("MTDC"). The MTDC Welfare Fund, as the authorized agent, also collects and remits the required monetary contributions due to the New York State Laborers-Employers Cooperation and Education Trust Fund ("NYS-LECET"), the New York State Health and Safety Fund ("NYSH&S"), the Environmental Contractors Association Industry Advancement Fund ("IAF"). It also collects the dues checkoffs and MTDC Political Action Committee ("MTDC PAC") contributions due to the MTDC. The Funds maintain their offices and are administered at 520 8th Avenue, New York, New York 10018 in the County and State of New York (Complaint, dated July 7, 2017, (D.I. 1) ("Compl.") ¶ 4).
As a result of defendants' default, all the allegations of the complaint, except as to the amount of damages, must be taken as true. Bambu Sales, Inc. v. Ozak Trading Inc., 58 F.3d 849, 854 (2d Cir. 1995); Greyhound Exhibitgroup, Inc. v. E.L.U.L. Realty Corp., 973 F.2d 155, 158-59 (2d Cir. 1992); Trans World Airlines, Inc. v. Hughes, 449 F.2d 51, 69-70 (2d Cir. 1971), rev'd on other grounds sub nom., Hughes Tool Co. v. Trans World Airlines, Inc., 409 U.S. 363 (1973).
2. Plaintiff Dominic Giammona is the Funds' Contributions/Deficiency Manager and is a fiduciary within the meaning of Sections 3(21) and 502 of ERISA, 29 U.S.C. §§ 1002(21) and 1132 (Compl. ¶ 5).
3. At all times relevant hereto, Defendant Benjamin Kurzban & Son Control, Inc. ("Kurzban & Son Control") was a for-profit business corporation, incorporated in the State of New York, doing business in the City and State of New York as an employer within the meaning of Sections 3(5) and 515 of ERISA, 29 U.S.C. §§ 1002(5) and 1145. Defendant Kurzban & Son Control has been an employer in an industry affecting commerce within the meaning of Section 301 of the Taft-Hartley Act, 29 U.S.C. § 185 (Compl. ¶ 6).
4. Defendants Kurzban & Son Control, Mitchell Kurzban and MTDC were parties to collective bargaining agreements (the "Agreements") with respect to which the Funds are third-party beneficiaries (Compl. ¶ 7).
5. Defendants agreed to comply with and to be bound by all of the provisions of the Agreements (Compl. ¶ 8).
6. Defendant Kurzban, as principal of Kurzban & Son Control, is personally bound by and assumed all obligations of Kurzban & Son Control set forth in the Agreements (Compl. ¶ 9; Affidavit of Dominic Giammona, sworn to Mar. 26, 2018 (D.I. 29) ("Giammona Aff.") ¶ 6 and Exs. 7 and 8 thereto).
B. The Agreements
7. Pursuant to the terms of the Agreements, defendants are required, among other things, to:
(a) pay monetary contributions to the Funds and to the authorized agent of the NYS-LECET, NYS H&S, and IAF ("fringe benefit contributions), at the rates and times set forth in the Agreements, for all work performed within the trade and geographic jurisdictions of the MTDC;
(b) submit contribution reports to the Funds;
(c) if defendants fail to pay fringe benefit contributions in a timely manner, pay interest from the date such delinquent contributions were due until the date of payment, and pay all costs and attor-
neys' fees incurred by the Funds in the recovery thereof;(Compl. ¶ 10; Giammona Aff. ¶¶ 5, 8, 9, 11, 17 and Exs. 6 and 7 thereto).
(d) deduct and remit dues checkoffs and MTDC PAC contributions (at the rates per hour specified by the MTDC), from the wages paid to employees who authorize said deductions in writing, for the all work performed within the trade and geographic jurisdiction of the MTDC;
(e) permit and cooperate with the Funds or their designated representatives in the conduct of audits of all of Defendants' books and records including, without limitation, all payroll sheets, computer printouts, daily time records, job location records, ledgers, general ledgers, cash disbursement ledgers, state tax forms, federal tax forms, New York employment records and reports, insurance company reports, supporting checks, vouchers, evidence of unemployment insurance contributions, payroll tax deductions, disability insurance premiums, certification of workers compensation coverage, and other items concerning payroll(s), as well as the same records of any affiliate, subsidiary, alter ego, joint venture, successor or other related company;
(f) pay the cost of the audits if Defendants are substantially delinquent in the payment of fringe benefit contributions to the Funds. "Substantially delinquent" is defined as any delinquency in the payment of fringe benefit contributions in excess of 10% of the fringe benefit contributions paid to the Funds during the period covered by the audit;
(g) in the event the Funds bring an action to recover the costs of the audits, to pay the reasonable costs and attorneys' fees incurred by the Funds in bringing such action.
8. Pursuant to the terms of the Agreements and Section 515 of ERISA, 29 U.S.C. § 1145, employers are required to pay fringe benefit contributions to the Funds in accordance with the terms and conditions of the Agreements (Compl. ¶ 11; Giammona Aff. ¶ 5 and Exs. 6 and 7 thereto).
9. Failure to pay the required fringe benefit contributions, or failure to make such payment in a timely manner, constitutes a violation of the Agreements and Section 515 of ERISA, 29 U.S.C. § 1145 (Compl. ¶ 12).
10. The Agreements and Section 502 of ERISA, 29 U.S.C. § 1132(g), all provide that, upon a finding that an employer has failed to make the required fringe benefit contributions or has failed to make such contributions in a timely manner, the Funds shall be awarded the unpaid fringe benefit contributions, plus interest and liquidated damages, both of which are computed at the rate prescribed in 26 U.S.C. § 6621, on the unpaid, or untimely paid, fringe benefit contributions, together with the reasonable attorneys' fees and costs of the action, and such other legal or equitable relief as the court deems appropriate (Compl. ¶ 13; Giammona Aff. ¶¶ 11, 13 and Exs. ¶ 6 and 7 thereto).
C. The Audit
11. The Funds' auditor, Schultheis & Panattieri, LLP conducted an audit of defendants' books and records, covering the period from September 28, 2015 through December 31, 2016 and provided the Funds with its audit report in May 2017 (the "Audit Report") (Supplemental Affidavit of Dominic Giammona, sworn to June 1, 2018 (D.I. 41) ("Giammona Supp. Aff.") ¶¶ 2-4 and Ex. 10 thereto).
12. The audit was conducted in accordance with the attestation standards established by the American Institute of Certified Public Accountants and followed the procedures to determine whether employer contributions were made in accordance with the Agreements (Giammona Supp. Aff. Ex. 10).
13. The Audit Report established that defendants failed to pay fringe benefit contributions to the Funds for the period from September 28, 2015 through December 31, 2016, in the amount of $167,616.71 (Compl. ¶ 15; Giammona Aff. ¶ 7; Giammona Supp. Aff. ¶ 5 and Ex. 10 thereto).
14. The Audit Report also established that defendants failed to pay dues checkoffs and MTDC PAC contributions for the period from September 28 through December 31, 2016 in the amount of $30,733.92 (Compl. ¶ 21; Giammona Aff. ¶ 10; Giammona Supp. Aff. ¶ 6 and Ex. 10 thereto).
15. The audit of defendants' books and records covering the period from September 28, 2015 through December 31, 2016 also revealed that defendants were substantially delinquent, as that term is defined in the Agreements, with respect to the payment of fringe benefit contributions to the Funds for that period (Compl. ¶ 27; Giammona Aff. ¶ 17).
16. Pursuant to the terms of the Agreements, the imputed cost of the audit is equal to the total audited deficiency amount, multiplied by the number of months audited, and divided by 150 (Giammona Aff. ¶ 17 and Exs. 6 and 7 thereto).
17. Accordingly, the imputed cost to audit defendants' books and records for the deficiencies described above for the period from September 28, 2015 through December 31, 2016 were calculated to be $17,879.12 (Compl. ¶ 28; Giammona Aff. ¶ 18; Giammona Supp. Aff. ¶ 7 and Ex. 10 thereto).
D. Interest, Liquidated Damages and Attorneys' Fees
18. Article VIII of the Agreement provides that if legal proceedings are commenced by the Funds to collect delinquent contributions, defendants must pay, in addition to the unpaid contributions, liquidated damages, interest and attorneys' fees (Compl. ¶ 13; Giammona Aff. ¶ 11 and Exs. 6 and 7 thereto).
19. Interest on unpaid contributions is determined by using the rate prescribed under 26 U.S.C. § 6621 (Compl. ¶ 13; Giammona Aff. ¶ 13 and Exs. 6 and 7 thereto).
20. The interest due on the unpaid contributions is $21,301.48 (Giammona Aff. ¶ 14).
21. The Agreements provide that defendants are entitled to recover liquidated damages in an amount equal to the interest owed to Funds (Compl. ¶ 13; Giammona Aff. ¶ 13 and Exs. 6 and 7 thereto).
22. Accordingly, the Funds are entitled to recover an additional $12,301.48 as liquidated damages (Giammona Aff. ¶¶ 14-15).
23. As noted above, the Agreements also provide that the Funds may recover attorneys' fees in the event that they are required to commence an action to recover delinquent contributions.
24. Proskauer Rose LLP, a large international law firm with over 700 attorneys, has successfully represented its clients in numerous ERISA and employment-related cases for many years (Declaration of Steven A. Sutro, Esq., dated March 26, 2018 (D.I. 28) ("Sutro Decl.") ¶ 28).
25. Anthony M. Cacace, Esq. is a senior counsel in Proskauer's ERISA group and is the attorney with primary responsibility for prosecuting actions for the recovery of employee benefits on behalf of the firm's Taft-Hartley funds clients, including the plaintiffs. He was admitted to practice in the Southern District of New York in 2009 and has been prosecuting actions for the recovery of employee benefits on behalf of a variety of funds for more than eight years. He has significant experience and has devoted a substantial portion of his practice to litigating all aspects of multi-employer ERISA matters (Sutro Decl. ¶ 13).
26. Steven A. Sutro, Esq. is an associate in Proskauer's ERISA group. He was admitted to practice in the Southern District of New York in 2014. He has been litigating employment matters for over four years and, under the supervision of Mr. Cacace, has extensive experience prosecuting actions for the recovery of employee benefits on behalf of a variety of funds (Sutro Decl. ¶ 32).
27. Plaintiffs have submitted contemporaneous time records describing the work their attorneys spent litigating this matter (Sutro Decl. ¶ 35 and Ex. 9 thereto).
28. The total amount of time expended on this matter by Proskauer was 17.00 hours (Sutro Decl. ¶ 34-35 and Ex. 9 thereto).
29. Mr. Sutro spent 10.75 hours working on this matter. Mr. Cacace spent 0.75 hours working on this matter. Proskauer's paralegals expended 5.5 hours working on this matter (Sutro Decl. ¶ 35 and Ex. 9 thereto).
30. Proskauer reviewed on a monthly basis each time entry submitted to the Court in support of plaintiffs' application for attorneys' fees to determine that the time charges were accurate, reasonable and necessarily incurred in the prosecution of this action. The billing entries were reviewed a second time in connection with plaintiffs' motion for a default judgment during which certain redactions were made (Sutro Decl. ¶ 36 and Ex. 9 thereto).
31. Plaintiffs seek fees at a blended rate of $300 per hour for the work performed by attorneys and $90 per hour for work performed by Proskauer's paralegals and other members of the firm's Litigation Support Department (Sutro Decl. 33).
32. Using the rates and hours set forth above, plaintiffs request a lodestar figure of $3,945.00 (Sutro Decl. ¶ 35).
33. Plaintiffs also seek to recover costs in The amount of $440.00 comprised of the $400.00 filing fee and a $40.00 fee for service of process (Sutro Decl. 38(f) and Ex. 2 thereto).
III. Conclusions of Law
34. This action arises under ERISA and the Taft-Hartley Act. The Court has subject matter jurisdiction pursuant to 29 U.S.C. §§ 1132 and 185(c). The Court also has subject matter jurisdiction pursuant to 29 U.S.C. § 1331.
35. The Court has personal jurisdiction over the defendants because they maintained an office and conducted business in the State of New York and were properly served with the summons and complaint. Laufer v. Ostrow, 55 N.Y. 2d 305, 310-12, 434 N.E.2d 692, 694-96, 449 N.Y.S.2d 456, 458-60 (1982); Bryant v. Finnish Nat'l Airline, 15 N.Y.2d 426, 432, 208 N.E.2d 439, 441, 260 N.Y.S.2d 625, 628 (1965).
36. Venue in this District is proper pursuant to Section 502(e)(2) of ERISA, 29 U.S.C. § 1132(e)(2), and Section 301(a) of the Taft-Hartley Act, 29 U.S.C. § 185(a).
37. Title 29, United States Code, Section 1145 provides:
Every employer who is obligated to make contributions to a multiemployer plan under the terms of the plan or under the terms of a collectively bargained agreement shall, to the extent not inconsistent with law, make such contributions in accordance with the terms and conditions of such plan or such agreement.Plaintiffs have alleged that defendants have failed to make contributions as required by a multi-employer plan. Defendants' default establishes their liability. Bambu Sales, Inc. v. Ozak Trading Inc., supra, 58 F.3d at 854; Greyhound Exhibitgroup, Inc. v. E.L.U.L. Realty Corp., supra, 973 F.2d at 158-59 (2d Cir. 1992); Trans World Airlines, Inc. v. Hughes, supra, 449 F.2d at 69-70; Order of the Honorable John G. Koeltl, United States District Judge, dated April 12, 2018 (D.I. 35).
38. Section 502(g)(2) of ERISA, 29 U.S.C. § 1132(g)(2), provides:
(2) In any action under this subchapter by a fiduciary for or on behalf of a plan to enforce section 1145 of this title in which a judgment in favor of the plan is awarded, the court shall award the plan--
(A) the unpaid contributions,
(B) interest on the unpaid contributions,
(C) an amount equal to the greater of--
(i) interest on the unpaid contributions, or
(ii) liquidated damages provided for under the plan in an amount not in excess of 20 percent (or such higher percentage as may be permitted under Federal or State law) of the amount determined by the court under subparagraph (A),
Where liability is established, an award of the relief enumerated in Section 502(g)(2) is mandatory. Iron Workers Dist. Council of W.N.Y. & Vicinity Welfare & Pension Funds v. Hudson Steel Fabricators & Erectors, Inc., 68 F.3d 1502, 1506 (2d Cir. 1995).
(D) reasonable attorney's fees and costs of the action, to be paid by the defendant, and
(E) such other legal or equitable relief as the court deems appropriate.
39. Based on the Audit Report prepared by Schultheis & Panattieri, LLP, the Funds are entitled to recover from defendants (1) $167,616.71 in unpaid fringe benefit contributions; (2) dues checkoffs and MTDC PAC contributions in the amount of $30,733.92 and (3) $17,879.12 as the imputed cost of the audit.
40. Section 502(g)(2)(B), 29 U.S.C. § 1132(g)(2)(B) requires the Court to award interest on the unpaid contributions at either the rate provided in the plan or the rate prescribed by 29 U.S.C. § 6621. See Lanzafame v. A.B.M. Contracting Servs. Corp., 09-CV-4710 (FB)(WP), 2010 WL 3924670 at * 3 (E.D.N.Y. Sept. 3, 2010) (Report & Recommendation), adopted at, 2010 WL 3909458 (E.D.N.Y. Sept. 29, 2010); Vigra v. Big Apple Constr. & Restoration Inc., 590 F. Supp. 2d 467, 473 (S.D.N.Y. 2008) (McMahon, D.J.); Trs. of Mason Tenders Dist. Council Welfare Fund, Pension Fund, Annuity Fund & Training Program Fund v. Stevenson Contracting Corp., 05 Civ. 5546 (GBD)(DF), 2008 WL 3155122 at *4 (S.D.N.Y. June 19, 2008) (Freeman, M.J.)(Report & Recommendation), adopted at, 2008 WL 2940517 (S.D.N.Y. July 29, 2008) (Daniels, D.J.). The Agreements specify that the rate of interest to be used in making this calculation is the rate of interest prescribed in 26 U.S.C. § 6621 (Giammona Aff. ¶ 13 and Exs. 6 and 7 thereto). Application of this interest rate yields a product of $12,301.48 (Giammona Aff. ¶ 14).
41. Pursuant to Section 502(g)(2)(C) of ERISA, 29 U.S.C. § 1132(g)(2)(C), the Funds are also entitled to an award of liquidated damages in an amount equal to the greater of (i) the interest on the unpaid contributions or (ii) if the plan provides, an amount not greater than twenty percent of the unpaid benefit contributions. Architectural & Ornamental Iron Workers Local Union NO. 580 v. JMB Corp., 667 F. Supp. 134, 135 (S.D.N.Y. 1987) (Leisure, D.J.); O'Hare v. Gen. Marine Transp. Corp., 564 F. Supp. 1064, 1070 (S.D.N.Y. 1983) (Sweet, D.J.), aff'd, 740 F.2d 160 (2d Cir. 1984). Thus, the Funds are entitled to liqui- dated damages in the amount of $12,301.48 (see Giammona Aff. ¶ 13 and Exs. 6 and 7 thereto).
42. Pursuant to Section 502(g)(2)(D) of ERISA, 29 U.S.C. § 1132(g)(2)(D), the Funds are also entitled to an award of their reasonable attorneys' fees and costs. Plaintiffs seek $3,945.00 in attorneys' fees and $440.00 in costs.
43. It is well settled in this Circuit that courts utilize the "lodestar" method, i.e., "the product of a reasonable hourly rate and the reasonable number of hours required by the case," to determine a presumptively reasonable attorneys' fee award. Millea v. Metro-North R.R. Co., 658 F.3d 154, 166 (2d Cir. 2011); see also Sajvin v. Singh Farm Corp., 17-CV-4032, 2018 WL 4214335 at *8-*9 (E.D.N.Y. Aug. 13, 2018) (Report & Recommendation), adopted at, 2018 WL 4211300 (E.D.N.Y. Sept. 4, 2018); Reyes v. Lincoln Deli Grocery Corp., 17 Civ. 2732 (KBF), 2018 WL 2722455 at *8 (S.D.N.Y. June 5, 2018) (Forrest, D.J.). Under this method, courts look to the market rate "prevailing in the community for similar services by lawyers of reasonably comparable skill, experience and reputation." Blum v. Stenson, 465 U.S. 886, 895 n.11 (1984), acccord Greathouse v. JHS Security, Inc., supra, 2017 WL 4174811 at *2.
44. The hourly rates to be used in calculating he lodestar figure should be "what a reasonable, paying client would be willing to pay." Arbor Hill Concerned Citizens Neighborhood Ass'n v. County of Albany, 522 F.3d 182, 184 (2d Cir. 2008).
45. Plaintiffs seek a fee award based on a blended rate of $300.00 per hour for work performed by attorneys and $90.00 per hour for work performed by paralegals and members of Proskauer's Litigation Support Department.
46. Proskauer's attorneys spent a total of 11.5 hours working on this matter and its paralegals and members of its Litigation Support Department spent a total of 5.50 working on this matter.
47. The prevailing rate for ERISA delinquent contribution work ranges from $200.00 to $325.00 per hour. Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund v. M&B Builders Group Inc., 18 Civ. 5074 (GHW), 2018 WL 6067229 at *5-*6 (S.D.N.Y. Nov. 19, 2018) (Woods, D.J.) (collecting cases)
48. A fee request will be granted if the number of hours expended on an action are reasonable. Trs. of United Teamster Fund v. Ronnie's Truck Serv., Inc., CV-07-4456 (CPS)(RML), 2008 WL 2686993 at *4 (E.D.N.Y. 2008). I find that the total amount of time spent by Proskauer litigating this matter -- 17.00 hours -- was reasonable and that Proskauer's staffing was not "excessive, redundant or otherwise unnecessary." Borgal v. Atlas Transit Mix Corp., No. CV-93-0569 (CPS), 1996 WL 75290 at *7 (E.D.N.Y. Feb. 7, 1996).
49. The costs and expenses sought by plaintiffs, which are limited to the filing fee and cost of service of process, are also reasonable. See Lanzafame v. Toquir Contracting, Inc., 545 F. Supp. 2d 255, 258 (E.D.N.Y. 2007).
50. Thus, plaintiffs should also be awarded $3,945.00 for attorneys' fees and $440.00 for costs. 29 U.S.C. § 1132(g)(2)(D).
IV. Conclusion
Accordingly, for all the foregoing reasons, I respectfully recommend that judgment be entered in favor of plaintiffs in the amount of $245,217.71, calculated as follows:
| Past Due FringeBenefit Contributions | $167,616.71 |
| Dues Checkoffs andMTDC PAC Contributions | $ 30,733.92 |
| Audit Costs | $ 17,879.12 |
| Accrued Interest onOutstanding DelinquentContributions | $ 12,301.48 |
| Liquidated Damages | $ 12,301.48 |
| Attorneys' Fees | $ 3,945.00 |
| Costs | $ 440.00 |
| TOTAL | $245,217.71 |
|---|
Pursuant to 28 U.S.C. § 636(b)(1)(c) and Rule 72 of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from receipt of this Report to file written objections. See also Fed.R.Civ.P. 6(a). Such objections and responses thereto) shall be filed with the Clerk of the Court with courtesy copies delivered to the Chambers of the Honorable John G. Koeltl, United States District Judge, 500 Pearl Street, Room 1330, New York, New York 10007 and to the Chambers of the undersigned, 500 Pearl Street, Room 1670, New York, New York 10007. Any requests for an extension of time for filing objections must be directed to Judge Koeltl. FAILURE TO OBJECT WITHIN FOURTEEN (14) DAYS WILL RESULT IN A WAIVER OF OBJECTIONS AND WILL PRECLUDE APPELLATE REVIEW. Thomas v. Arn, 474 U.S. 140, 155 (1985); United States v. Male Juvenile, 121 F.3d 34, 38 (2d Cir. 1997); IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1054 (2d Cir. 1993); Frank v. Johnson, 968 F.2d 298, 300 (2d Cir. 1992); Wesolek v. Canadair Ltd., 838 F.2d 55, 57-59 (2d Cir. 1988); McCarthy v. Manson, 714 F.2d 234, 237-38 (2d Cir. 1983) (per curiam). Dated: New York, New York
December 6, 2018
Respectfully submitted,
/s/_________
HENRY PITMAN
United States Magistrate Judge Copy transmitted to: Counsel for Plaintiffs Copies mailed to: Mr. Benjamin Kurzban & Son Control, Inc.
1248 Ralph Avenue
Brooklyn, New York 11236 Estate of Mitchell Kurzban
24533 Stagg Street
West Hills, California 91304