Trustees Of The Mosaic and Terrazzo Welfare, Pension, Annuity, and Vacation Funds et al v. Elite Terrazzo Flooring, Inc. et al
| New York Eastern District Court | |
| Judge: | Carol Bagley Amon |
| Referred: | Cheryl L Pollak |
| Case #: | 1:18-cv-01471 |
| Nature of Suit | 791 Labor - Employee Retirement Income Security Act |
| Cause | 29:1132 E.R.I.S.A.-Employee Benefits |
| Case Filed: | Mar 09, 2018 |
| Terminated: | May 31, 2023 |
| Last checked: Wednesday Sep 05, 2018 5:11 AM EDT |
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Counter Claimant
Picnic Worldwide LLC
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Represented By
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Counter Claimant
Elite Terrazzo Flooring, Inc.
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Represented By
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Counter Defendant
William Zonca
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Counter Defendant
Trustees of the Bricklayers & Trowel Trades International Pension Fund
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Represented By
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Counter Defendant
Trustees Of The Mosaic and Terrazzo Welfare, Pension, Annuity, and Vacation Funds
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Represented By
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Counter Defendant
Picnic Worldwide LLC
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Represented By
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Counter Defendant
Elite Terrazzo Flooring, Inc.
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Represented By
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Counter Defendant
Marble Terrazzo and Specialty Contractors Inc.
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Counter Defendant
Local 7 Mossaic & Terrazzo and Chemical Product Finisher Mason Workers Association
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Counter Defendant
Michael Magnam
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Defendant
Michael Magnam
32 Cortland Street
Mount Vernon, NY 10550 |
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Defendant
William Zonca
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Defendant
Marble Terrazzo and Specialty Contractors Inc.
45-34 Court Square
Long Island City, NY 11101 |
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Defendant
Elite Terrazzo Flooring, Inc.
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Represented By
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Defendant
Local 7 Mossaic & Terrazzo and Chemical Product Finisher Mason Workers Association
45-34 Court Square
Long Island City, NY 11101 |
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Defendant
Picnic Worldwide LLC
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Represented By
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Plaintiff
Trustees of the Bricklayers & Trowel Trades International Pension Fund
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Represented By
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Plaintiff
Trustees Of The Mosaic and Terrazzo Welfare, Pension, Annuity, and Vacation Funds
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Represented By
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ThirdParty Defendant
Michael Magnam
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Represented By
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ThirdParty Defendant
Marble Terrazzo and Specialty Contractors Inc.
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Represented By
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ThirdParty Defendant
Local 7 Mossaic & Terrazzo and Chemical Product Finisher Mason Workers Association
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Represented By
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ThirdParty Defendant
Picnic Worldwide LLC
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Represented By
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ThirdParty Defendant
Elite Terrazzo Flooring, Inc.
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Represented By
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ThirdParty Defendant
Trustees Of The Mosaic and Terrazzo Welfare, Pension, Annuity, and Vacation Funds
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Represented By
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ThirdParty Defendant
Trustees of the Bricklayers & Trowel Trades International Pension Fund
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Represented By
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ThirdParty Defendant
William Zonca
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Represented By
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ThirdParty Plaintiff
Elite Terrazzo Flooring, Inc.
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Represented By
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ThirdParty Plaintiff
Picnic Worldwide LLC
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Represented By
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GPO
Feb 20 2020
REPORT AND RECOMMENDATION re. 65 - 73 - 76 - 79: For the reasons given in the attached Report and Recommendation, the Court respectfully recommends that the District Court grant Mr. Abrahamsen's motion to withdraw subject to his payment of the outstanding $5,892.10 owed as Ordered by the Court on June 4, 2019. The Court further recommends that the District Court issue an Order stating that defendants are to obtain new counsel within two weeks of this Report and Recommendation, and that if the defendants fail to do so, or if the Court receives a status letter from plaintiffs' counsel by 4/1/2020 reporting that defendants' new counsel not is engaging in productive discovery discussions, the District Court will strike defendants' answer, and enter a default against them. Finally, the Court recommends that plaintiffs be awarded $10,270 in attorney's fees, in addition to the outstanding $5,892.10, all to be paid by Mr. Abrahamsen. Objections to R&R due by 3/5/2020. So Ordered by Chief Magistrate Cheryl L. Pollak on 2/20/2020. (Phillips, Lauren) |
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GPO
Mar 11 2020
MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: As stated in the R&R: Mr. Abrahamsen's motion to withdraw is GRANTED, subject to his payment of the outstanding $5,892.10 owed pursuant to the Court's order of June 4, 2019. Inaddition to the outstanding $5,892.10, Plaintiffs shall be awarded $10,270.00 in attorneys' fees; the total amount, $16,162.10, is to be paid by Mr. Abrahamsen. Defendants are ORDERED to obtain new counsel no later than 14 days following the filing of this order; should Defendants fail to do so, the Court will strike Defendants' answer and enter a default against them. Should Defendants obtain new counsel, Plaintiffs' counsel is directed to file a status letter by May 1,2020, advising the Court whether or not new defense covmsel is engaging in productive discovery discussions. If the Court concludes, after giving defense counsel an opportunity to be heard, that Defendants are not engaging in productive discovery, the Court will similarly strike Defendants' answer and enter a default against them. Defendants' motion for additional sanctions is DENIED. Ordered by Judge Carol Bagley Amon on 3/11/2020. (Fernandez, Erica) |
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GPO
Mar 03 2021
REPORT AND RECOMMENDATION re. 90: The Court respectfully recommends that plaintiffs' motion be granted to the extent that plaintiffs seek to recover unpaid settlement amounts and an audit of defendant's books, and denied without prejudice as to their request for unpaid contributions. Plaintiffs' counsel is Ordered to serve a copy of this Report and Recommendation on defendants. Objections to R&R due by 3/17/2021. Failure to file timely objections waives the right to further judicial review. So Ordered by Chief Magistrate Cheryl L. Pollak on 3/3/2021. (Bayer, Sarah) |
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GPO
Mar 25 2021
MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court has reviewed the record and, finding no clear error, adopts the R&R. Accordingly, the Court orders that Plaintiffs' motion for default judgment be granted to the extent that Plaintiffs seek to recover unpaid settlement amounts and an audit of defendant's books, but denied without prejudice as to their request for unpaid contributions. Ordered by Judge Carol Bagley Amon on 3/25/2021. (Fernandez, Erica) |
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GPO
Aug 02 2021
REPORT AND RECOMMENDATION re. 96 Motion for Sanctions: For the reasons stated herein, this Court respectfully recommends that plaintiffs' motion to hold Abrahamsen Law, LLC and Richard J. Abrahamsen Law Firm, LLC jointly and severally liable for Mr. Abrahamsen's violations of Rule 11(b) be granted, and that the law firms be ordered to pay the $16,162.10 of sanctions still due to plaintiffs. Objections to R&R due by 8/16/2021. Failure to file timely objections waives the right to further judicial review. So Ordered by Chief Magistrate Cheryl L. Pollak on 8/2/2021. (Bayer, Sarah) |
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GPO
Sep 15 2021
MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: No party has objected to the report and recommendation, and the time for doing so has passed. When deciding whether to adopt a report and recommendation, a district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(l)(C). To accept those portions of the report and recommendation to which no timely objection has been made, "a district court need only satisfy itself that there is no clear error on the face of the record." Jarvis v. N. Am. Globex Fund. L.P., 823 F. Supp. 2d 161, 163 (E.D.. Y. 2011) (quoting Wilds v. United Parcel Serv., 262 F. Supp. 2d 163, 169 (S.D.N.Y. 2003)). I have reviewed the record, and finding no clear error, I adopt the report and recommendation. Ordered by Judge Carol Bagley Amon on 9/15/2021. (Fernandez, Erica) |
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GPO
Nov 09 2021
REPORT AND RECOMMENDATIONS re 102 Per the attached R&R, the Court respectfully recommends that plaintiffs' motion be granted, and plaintiffs awarded $191,669.36 in unpaid contributions, $11,086.40 in post-judgment interest, $111,320.68 in interest on the unpaid contributions, $38,333.87 in liquidated damages, and 112,678.50 in attorney's fees for a total of $465,088.81. Plaintiffs are also entitled to post-judgment interest on the unpaid contributions, calculated at a rate of 0.14%. Objections to the R&R due by 11/23/2021. Failure to file objections within the specified time waives the right to appeal the District Court's Order. So Ordered by Chief Magistrate Cheryl L. Pollak on 11/9/2021. (Nordstrom, Britta) |
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GPO
Feb 28 2022
MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS for 111: Accordingly, I grant Plaintiffs' amended motion for default judgment, and grant Plaintiffs the following relief: $191,699.36 in unpaid contributions; $11,086.40 in post-judgment interest; $111,320.68 in interest on the unpaid contributions; $38,333.87 in liquidated damages, and; $112,678.50 in attorneys' fees. I also find that Picnic Worldwide and Elite Terrazzo are "alter egos," and that they are jointly and severally liable for the above total. (D.E. # 99 at 14; D.E. #100 at 2.) Ordered by Judge Carol Bagley Amon on 2/28/2022. (fwd for judgment) (Fernandez, Erica) |
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GPO
Apr 14 2022
REPORT AND RECOMMENDATIONS re 109: Per the attached R&R, the Court respectfully recommends that that plaintiffs' motion to hold AbrahamsenGrant LLC jointly and severally liable for Mr. Abrahamsen's violations of Rule 11(b) be granted, and that the law firm be Ordered to pay the $16,162.10 of sanctions still due to plaintiffs. Objections to R&R due by 4/28/2022. Failure to file timely objections waives the right to further judicial review of the District Court's Order. So Ordered by Chief Magistrate Cheryl L. Pollak on 4/14/2022. (Nordstrom, Britta) |
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GPO
Sep 08 2022
MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS re 109 Motion for Sanctions, filed by Trustees Of The Mosaic and Terrazzo Welfare, Pension, Annuity, and Vacation Funds, Trustees of the Bricklayers & Trowel Trades International Pension Fund and 114 Report and Recommendations granting 109 Motion for Sanctions: I have reviewed the record, and, finding no clear error, I adopt the R&R to the extent it finds AbrahamsenGrant, LLC jointly and severally liable for $10,270, representing the sanctions incurred by Abrahamsen while a partner at the firm. Accordingly, I grant Plaintiffs' motion to hold AbrahamsenGrant, LLC jointly and severally liable for the sanctions previously imposed upon Abrahamsen, in an amount of $10,270. Ordered by Judge Carol Bagley Amon on 9/8/2022. (Fernandez, Erica) |
| Docket last updated: 5 hours ago |
| Thursday, August 31, 2023 | ||
| 122 | 122
order
Judgment
Thu 08/31 5:01 PM
JUDGMENT: IT IS ORDERED AND ADJUDGED that the March 30, 2021 judgment is corrected and entered in favor of the Plaintiffs and against Defendants as follows: Ordering Defendant Picnic Worldwide LLC to submit to an audit of its books and payroll records for the period beginning May 19, 2017 through the present within 30 days of entry of this Order; Awarding judgment in favor of the Plaintiffs and against Defendants in the amount of $694,645.08, representing the unpaid settlement payments; Awarding Plaintiffs $883.92 in attorneys' fees and costs arising out of this proceeding; (see judgment for details). Ordered by Judge Carol Bagley Amon on 8/31/2023. (EF) |
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order
Order on Motion to Alter Judgment
Thu 08/31 4:28 PM
ORDER and Corrected Judgment granting118 Motion to Alter Judgment: The March 30, 2021 judgment is corrected to specify the amount of the monetary award to Plaintiffs. Ordered by Judge Carol Bagley Amon on 8/31/2023. (EF) |
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| Thursday, August 24, 2023 | ||
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service
Certificate of Service
Thu 08/24 1:10 PM
CERTIFICATE OF SERVICE by Trustees Of The Mosaic and Terrazzo Welfare, Pension, Annuity, and Vacation Funds, Trustees of the Bricklayers & Trowel Trades International Pension Fund re118 MOTION to Alter Judgment entered March 30, 2021, pursuant to Fed. R. Civ. P. 60(a) ,119 Affidavit in Support of Motion,, upon Defendants, Elite Terrazzo Flooring, Inc. and Picnic Worldwide LLC (Grancio, Adrianna) |
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