Motion | Filed: August 21, 2026
| Entered: August 21, 2026
The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO et al v. Graci Paving Associates, Inc.
Labor: E.R.I.S.A. | New York Eastern
Report and Recommendations
REPORT AND RECOMMENDATION re 20 Notice of MOTION for Default Judgment: Plaintiff International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL CIO ("Local 15"), Plaintiff Central Pension Fund of the International Union of Operating Engineers ("CPF") and Plaintiff Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO ("Local 15 Trust Funds," and collectively, with Plaintiffs Local 15 and CPF, "Plaintiffs") seek monetary relief based on alleged breaches by Graci Paving Associates, Inc. ("Defendant") of the parties' collective bargaining agreement ("CBA"), the Employee Retirement Income Security Act of 1974 ("ERISA") and the Labor Management Relations Act ("LMRA"). See Compl., ECF No. 1 . Defendant has not answered the complaint or otherwise defended itself in this action.
Now before this Court, on referral from the District Court, is Plaintiffs' motion for a default judgment as to Defendant. ECF No. 20 . For the reasons stated in this Report and Recommendation, this Court respectfully recommends that the motion for a default judgment as to Defendant be granted for Plaintiffs' ERISA and LMRA claims. For these claims, the Court respectfully recommends that Plaintiffs be awarded $38,563.12 in unpaid contributions, $4,113.08 in liquidated damages, $3,630.00 in attorneys' fees, $1,426.25 in auditor's fees, $465.00 in costs, post-judgment interest on the total damages at the rate set forth in 28 U.S.C. § 1961 and pre-judgment interest calculated according to following formulas.
It is respectfully recommended that Plaintiffs be awarded $5,397.73 for interest on unpaid ERISA contributions owed to Plaintiffs Local 15 Trust Funds and CPF through May 7, 2025, and that additional interest be awarded to Plaintiffs using their auditor's formulas[number of days from May 8, 2025, to date of judgment] x [6% interest rate] / [365 days] x [$29,690.40 principal sum] for Plaintiff Local 15 Trust Funds, and [number of day from May 8, 2025, to date of judgment] x [9% interest rate] / [365 days] x [$5,720.20 principal sum] for Plaintiff CPF. It is respectfully recommended that Plaintiff Local 15 be awarded interest on unpaid non-ERISA contributions using Plaintiffs' proposed formula[number of days from January 1, 2024, to the date of judgment] x [9% interest rate] / [365 days] x [$3,152.52 principal sum].
This report and recommendation is filed electronically. Any written objections to this report and recommendation must be filed with the Clerk of the Court within fourteen (14) days of service of this report. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6(a), 72(b). Any request for an extension of time for filing objections must be directed to the District Judge prior to the expiration of the fourteen-day objection period. Failure to timely file objections will preclude further review of this report and recommendation by either the District Court or the Court of Appeals. See Miller v. Brightstar Asia, Ltd., 43 F.4th 112, 120 (2d Cir. 2022). The Court will mail a copy of this report and recommendation to Defendant Graci Paving Associates, Inc., 267 North Cedar Street, Massapequa, New York 11758.
Ordered by Chief Mag. Judge Vera M. Scanlon on 8/21/2026. (NTH)