Finkel v. Gaffney-Kroese Electrical Supply Corp. et al

New York Eastern District Court
Judge:	Diane Gujarati
Referred:	Taryn A Merkl
Case #:	1:22-cv-01777
Nature of Suit	791 Labor - Employee Retirement Income Security Act
Cause	29:1132 E.R.I.S.A.-Employee Benefits

Case Filed:	Mar 30, 2022
Terminated:	Mar 13, 2023

Last checked: Monday Sep 26, 2022 5:34 AM EDT

Defendant J and C, LLC
Defendant CK & JK LLC
Defendant GK Supply, LLC
Defendant GKTT LLC
Defendant Gaffney-Kroese Electrical Supply Corp.
Defendant Gaffney-Kroese Export Corp.
Plaintiff Dr. Gerald Finkel	Represented By Charles R. Virginia Virginia & Ambinder LLP contact info

GPO Feb 22 2023
REPORT AND RECOMMENDATION: For the reasons stated in the attached Report and Recommendation, this Court respectfully recommends that Plaintiff's Motion for Default Judgment (ECF No. 15) be granted. Objections to this Report and Recommendation are due by 3/8/2023. Failure to file objections within the specified time waives the right to appeal any judgment or order entered by the District Court in reliance on this Report and Recommendation. See 28 U.S.C. � 636(b)(1); Fed. R. Civ. P. 72(b)(2); Caidor v. Onondaga County, 517 F.3d 601, 604 (2d Cir. 2008) ("[F]ailure to object timely to a magistrate [judge's] report operates as a waiver of any further judicial review of the magistrate [judge's] decision."). So Ordered by Magistrate Judge Taryn A. Merkl on 2/22/2023. (JF)

Docket last updated: 56 minutes ago

Wednesday, March 15, 2023
26		26 service Certificate of Service Wed 03/15 12:07 PM CERTIFICATE OF SERVICE by Gerald Finkel re Order Adopting Report and Recommendations,,,,,,,,,,,, Order on Motion for Default Judgment,,,,,,,,,,,, Order on Report and Recommendations,,,,,,,,,,,25 Clerk's Judgment, upon Defendants, Gaffney-Kroese Electrical Supply Corp., Gaffney-Kroese Export Corp., CK & JK LLC, GK Supply, LLC, GKTT LLC, and J and C, LLC via certified mail (Moosnick, Maura) Related: [-]
Monday, March 13, 2023
25		25 order Judgment - Clerk Mon 03/13 4:01 PM CLERK'S JUDGMENT that Plaintiffs motion for default judgment is granted; that judgment is hereby entered in favor of Plaintiff against all Defendants, jointly and severally, in the total amount of $549,135.69. Signed by Jalitza Poveda, on behalf of Brenna B. Mahoney, Clerk of Court on 3/13/2023. (IH) Related: [-]
Friday, March 10, 2023
		order Order Adopting Report and Recommendations Order on Motion for Default Judgment Order on Report and Recommendations Fri 03/10 5:27 PM ORDER ADOPTING REPORT AND RECOMMENDATION for15 Motion for Default Judgment: On February 22, 2023, Magistrate Judge Taryn A. Merkl issued a Report and Recommendation ("R&R") recommending that the motion for default judgment brought pursuant to Federal Rule of Civil Procedure 55(b) by Plaintiff Dr. Gerald Finkel, as Chairman of the Joint Industry Board of the Electrical Industry, ECF No. 15, be granted and that default judgment be entered against Defendants Gaffney-Kroese Electrical Supply Corp., Gaffney-Kroese Export Corp., CK & JK LLC, GK Supply, LLC, GKTT LLC, and J and C, LLC (collectively, "Defendants"). See R&R at 26-27, ECF No. 23. Judge Merkl further recommended that Plaintiff be awarded damages, for which all Defendants shall be held jointly and severally liable, as follows: (1) withdrawal liability in the amount of $538,982; (2) liquidated damages calculated at a per diem rate of $265.80, from December 16, 2021 to the date of judgment; (3) pre-judgment interest at the per diem rate of $265.80, from December 16, 2021 through the date of judgment; (4) post-judgment interest at the statutory rate; and (5) an award of $8,606 in attorney's fees, and costs in the amount of $1,547.69. See R&R at 26-27. On February 23, 2023, Plaintiff filed proof of service of the R&R. See ECF No. 24. No objection to the R&R has been filed and the time for filing objections has passed. See R&R at 27. 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)(1); see also Fed. R. Civ. P. 72(b)(3). To accept those portions of an R&R 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." Lorick v. Kilpatrick Townsend & Stockton LLP , No. 18-CV-07178, 2022 WL 1104849, at 2 (E.D.N.Y. Apr. 13, 2022) (quoting Ruiz v. Citibank, N.A. , No. 10-CV-05950, 2014 WL 4635575, at 2 (S.D.N.Y. Aug. 19, 2014)); see also Jarvis v. N. Am. Globex Fund, L.P. , 823 F. Supp. 2d 161, 163 (E.D.N.Y. 2011). Having reviewed Judge Merkl's R&R and having found no clear error, the Court adopts the R&R. Accordingly, Plaintiff's Motion for Default Judgment, ECF No. 15, is GRANTED. The Clerk of Court is directed to enter judgment as set forth in the R&R, see R&R at 26-27, and to close this case. Plaintiff is directed to serve a copy of this Order on each Defendant by certified mail and to file proof of service no later than March 15, 2023. Ordered by Judge Diane Gujarati on 3/10/2023. (KA) Related: [-]
Thursday, February 23, 2023
24		24 service Certificate of Service Thu 02/23 12:23 PM CERTIFICATE OF SERVICE by Gerald Finkel re23 REPORT AND RECOMMENDATIONS re15 MOTION for Default Judgment against Defendants Gaffney-Kroese Electrical Supply Corp., Gaffney-Kroese Export Corp., CK & JK LLC, GK Supply, LLC, GKTT LLC, and J and C, LLC filed by Gerald Finkel upon all Defendants (Moosnick, Maura) Related: [-]
Wednesday, February 22, 2023
23		23 motion Report and Recommendations Wed 02/22 3:22 PM REPORT AND RECOMMENDATION: For the reasons stated in the attached Report and Recommendation, this Court respectfully recommends that Plaintiff's Motion for Default Judgment (ECF No.15 ) be granted. Objections to this Report and Recommendation are due by 3/8/2023 . Failure to file objections within the specified time waives the right to appeal any judgment or order entered by the District Court in reliance on this Report and Recommendation. See 28 U.S.C. � 636(b)(1); Fed. R. Civ. P. 72(b)(2); Caidor v. Onondaga County , 517 F.3d 601, 604 (2d Cir. 2008) ("[F]ailure to object timely to a magistrate [judge's] report operates as a waiver of any further judicial review of the magistrate [judge's] decision."). So Ordered by Magistrate Judge Taryn A. Merkl on 2/22/2023. (JF) Related: [-]
Friday, November 18, 2022
21		21 misc Mail Returned Mon 11/21 1:31 PM Mail Returned as Undeliverable. Mail sent to All Defendants. Postal Note: "Return To Sender. Not Deliverable As Addressed. Unable To Forward." (IH) Related: [-]
Thursday, November 03, 2022
		minutes Motion Hearing Mon 11/07 10:03 AM Minute Entry and Order: A telephonic Status Conference was held on 11/3/2022 before Magistrate Judge Taryn A. Merkl. Appearance by Maura Moosnick for Plaintiff. Counsel for Defendants did not appear. Discussion held regarding Plaintiff's default motion. In light of Defendants' failure to appear in this case to date, and absence from the status conference, the Court takes Plaintiff's Motion for Default Judgment15 under advisement. Ordered by Magistrate Judge Taryn A. Merkl on 11/3/2022. (AT&T Log #11:22-11:38.) (KC) Related: [-]
Monday, October 31, 2022
20		20 notice Notice of Appearance Mon 10/31 11:19 AM NOTICE of Appearance by Maura S. Moosnick on behalf of Gerald Finkel (aty to be noticed) (Moosnick, Maura) Related: [-]
Tuesday, October 11, 2022
19		19 order ~Util - Set Deadlines/Hearings Order(Other) Tue 10/11 7:05 PM SCHEDULING ORDER: A telephonic Motion Hearing will take place on 11/3/2022 at 11:15 a.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll-free number (877) 336-1839 . The access code is 3914302 . The parties shall dial in five (5) minutes before the scheduled conference. Although Defendants have not previously appeared, Defendants may participate in the conference. Counsel and the parties should be prepared to discuss Plaintiff's pending motion for default judgment15 . The Clerk of the Court is respectfully requested to mail a copy of this Order, the attached Notice to Defendant, and the full docket to: (1) Gaffney-Kroese Electrical Supply Corp.; Gaffney-Kroese Export Corp.; GK Supply, LLC; GKTT LLC; and J and C, LLC, 21 Worlds Fair Drive, Somerset, New Jersey 08873; (2) Gaffney-Kroese Export Corp., c/o John Kroese, 3312 Churchill Drive, Toms River, NJ 08753; (3) CK & JK LLC, AllState Corporate Services Corp. One Commerce Plaza, 99 Washington Street, Suite 1008, Albany, NY 12280; (4) CK & JK LLC, 337 Oak Street, Suite 202, Garden City, New York 11530; (5) GK Supply, LLC, c/o John Kroese, 3312 Churchill Drive, Toms River, NJ 08753; (6) GK Supply, LLC, c/o John Kroese, 740 Bennetts Mills Rd, Jackson, NJ 08527-3850; (7) GKTT LLC, c/o John Kroese, 3312 Churchill Drive, Toms River, NJ 08753; (8) GKTT LLC, c/o John Kroese, 60 Kingsbridge Rd, Piscataway, NJ 08854; and (9) J and C, LLC, c/o John Kroese, 3312 Churchill Drive, Toms River, NJ 08753. Ordered by Magistrate Judge Taryn A. Merkl on 10/11/2022. (JF) Related: [-]
Tuesday, August 23, 2022
18		18 service Certificate of Service Tue 08/23 3:50 PM CERTIFICATE OF SERVICE by Gerald Finkel re17 Memorandum in Support,15 MOTION for Default Judgment against Defendants Gaffney-Kroese Electrical Supply Corp., Gaffney-Kroese Export Corp., CK & JK LLC, GK Supply, LLC, GKTT LLC, and J and C, LLC ,16 Affidavit in Support of Motion,,, Order Referring Motion, upon Defendants, Gaffney-Kroese Electrical Supply Corp., Gaffney-Kroese Export Corp., CK & JK LLC, GK Supply, LLC, GKTT LLC, and J and C, LLC (Grancio, Adrianna) Related: [-]
Monday, August 22, 2022
		order Order Referring Motion Mon 08/22 11:24 AM ORDER REFERRING MOTION:15 MOTION for Default Judgment against Defendants Gaffney-Kroese Electrical Supply Corp., Gaffney-Kroese Export Corp., CK & JK LLC, GK Supply, LLC, GKTT LLC, and J and C, LLC filed by Gerald Finkel respectfully referred to Magistrate Judge Taryn A. Merkl for a report and recommendation. Ordered by Judge Diane Gujarati on 8/22/2022. (Almonte, Kelly) Related: [-]
Friday, August 19, 2022
17		17 27 pgs respoth Memorandum in Support Fri 08/19 5:17 PM MEMORANDUM in Support re15 MOTION for Default Judgment against Defendants Gaffney-Kroese Electrical Supply Corp., Gaffney-Kroese Export Corp., CK & JK LLC, GK Supply, LLC, GKTT LLC, and J and C, LLC filed by Gerald Finkel. (Virginia, Charles) Related: [-]
16		16 respm Affidavit/Declaration in Support of Motion Fri 08/19 5:16 PM AFFIDAVIT/DECLARATION in Support re15 MOTION for Default Judgment against Defendants Gaffney-Kroese Electrical Supply Corp., Gaffney-Kroese Export Corp., CK & JK LLC, GK Supply, LLC, GKTT LLC, and J and C, LLC by Charles R. Virginia, Esq. filed by Gerald Finkel. (Virginia, Charles) Related: [-]
		Att: 1 Exhibit A - March 30, 2022 Complaint,
		Att: 2 Exhibit B - March 30, 2022 Summons Issued,
		Att: 3 Exhibit C - Affidavits of Service (all dfts),
		Att: 4 Exhibit D - May 20, 2022 Certificate of Default,
		Att: 5 Exhibit E - Pension Fund Trust Agreement,
		Att: 6 Exhibit F - November 16, 2022 Notice and Demand re. WL,
		Att: 7 Exhibit G - Actuary Report,
		Att: 8 Exhibit H - Interest and LD Calculations,
		Att: 9 Exhibit I - History Bill for the Court,
		Att: 10 Exhibit J - Proposed Order and Judgment
15		15 motion Default Judgment Fri 08/19 5:13 PM MOTION for Default Judgment against Defendants Gaffney-Kroese Electrical Supply Corp., Gaffney-Kroese Export Corp., CK & JK LLC, GK Supply, LLC, GKTT LLC, and J and C, LLC by Gerald Finkel. (Virginia, Charles) Related: [-]
Wednesday, July 13, 2022
14		14 misc Status Report Wed 07/13 12:06 PM STATUS REPORT pursuant to the Courts July 1, 2022 Order by Gerald Finkel (Virginia, Charles) Related: [-]
Friday, July 01, 2022
		order Status Report Order Fri 07/01 11:00 AM STATUS REPORT ORDER: Plaintiff is respectfully directed to file a status report by 7/15/2022 advising the Court of the current status of the case. Ordered by Magistrate Judge Taryn A. Merkl on 7/1/2022. (Chan, Kaity) Related: [-]
Thursday, May 26, 2022
13		13 misc Status Report Thu 05/26 4:30 PM STATUS REPORT pursuant to the Court's May 9, 2022 Order by Gerald Finkel (Virginia, Charles) Related: [-]
Friday, May 20, 2022
12		12 order Clerks Entry of Default Fri 05/20 2:59 PM Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant J and C, LLC, CK & JK LLC, GK Supply, LLC, GKTT LLC, Gaffney-Kroese Electrical Supply Corp., Gaffney-Kroese Export Corp. has failed to appear or otherwise defend this action, the default of defendant J and C, LLC, CK & JK LLC, GK Supply, LLC, GKTT LLC, Gaffney-Kroese Electrical Supply Corp., Gaffney-Kroese Export Corp. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) Related: [-]
Friday, May 13, 2022
11		11 misc Request for Certificate of Default Fri 05/13 4:27 PM Request for Certificate of Default by Gerald Finkel (Virginia, Charles) Related: [-]
		Att: 1 Proposed Default Certificate,
		Att: 2 Declaration in Support
Monday, May 09, 2022
		order Status Report Order Mon 05/09 3:31 PM STATUS REPORT ORDER: Plaintiff filed a Complaint on 3/30/2022. To date, an answer has not been filed. Plaintiff's counsel is directed to file a Status Report by 5/27/2022 advising the Court of the current status of this case. Ordered by Magistrate Judge Taryn A. Merkl on 5/9/2022. (Chan, Kaity) Related: [-]
Wednesday, April 20, 2022
10		10 service Summons Returned Executed Wed 04/20 11:29 AM SUMMONS Returned Executed by Gerald Finkel. GKTT LLC served on 4/16/2022, answer due 5/7/2022. (Virginia, Charles) Related: [-]
9		9 service Summons Returned Executed Wed 04/20 11:27 AM SUMMONS Returned Executed by Gerald Finkel. J and C, LLC served on 4/16/2022, answer due 5/7/2022. (Virginia, Charles) Related: [-]
8		8 service Summons Returned Executed Wed 04/20 11:24 AM SUMMONS Returned Executed by Gerald Finkel. Gaffney-Kroese Export Corp. served on 4/16/2022, answer due 5/7/2022. (Virginia, Charles) Related: [-]
7		7 service Summons Returned Executed Wed 04/20 11:22 AM SUMMONS Returned Executed by Gerald Finkel. GK Supply, LLC served on 4/16/2022, answer due 5/7/2022. (Virginia, Charles) Related: [-]
Friday, April 01, 2022
6		6 service Summons Returned Executed Fri 04/01 2:23 PM SUMMONS Returned Executed by Gerald Finkel. Gaffney-Kroese Electrical Supply Corp. served on 3/31/2022, answer due 4/21/2022. (Virginia, Charles) Related: [-]
5		5 service Summons Returned Executed Fri 04/01 2:19 PM SUMMONS Returned Executed by Gerald Finkel. CK & JK LLC served on 3/31/2022, answer due 4/21/2022. (Virginia, Charles) Related: [-]
Wednesday, March 30, 2022
4		4 misc Quality Control Check - Attorney Case Opening Wed 03/30 12:16 PM This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) Related: [-]
3		3 misc Clerks Notice of Rule 73 Wed 03/30 12:15 PM In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) Related: [-]
2		2 service Summons Issued Wed 03/30 12:15 PM Summons Issued as to All Defendants. (Bowens, Priscilla) Related: [-]
1		1 cmp Complaint Wed 03/30 12:04 PM COMPLAINT against J and C, LLC, CK & JK LLC, GK Supply, LLC, GKTT LLC, Gaffney-Kroese Electrical Supply Corp., Gaffney-Kroese Export Corp. filing fee $ 402, receipt number ANYEDC-15422852 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Gerald Finkel. (Virginia, Charles) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Proposed Summons
		utility Case Assigned/Reassigned Wed 03/30 12:13 PM Case Assigned to Judge Diane Gujarati and Magistrate Judge Taryn A. Merkl. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) Related: [-]

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