1:24-cv-07567•Trustees of the Local 7 Tile Industry Welfare Fund, Trustees of the Local 7 Tile Industry Annuity Fund, Trustees of the Tile Layers Local Union 52 Pension Fund et al v. Top Stone & Tile, Inc.
Trustees of the Local 7 Tile Industry Welfare Fund, Trustees of the Local 7 Tile Industry Annuity Fund, Trustees of the Tile Layers Local Union 52 Pension Fund et al v. Top Stone & Tile, Inc.
1:24-cv-07567NyedJan 30, 2026
Full text
1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------------------------------- x TRUSTEES OF THE LOCAL 7 TILE INDUSTRY WELFARE FUND, TRUSTEES OF THE LOCAL 7 TILE INDUSTRY ANNUITY FUND, TRUSTEES OF THE TILE LAYERS LOCAL UNION 52 PENSION FUND, and TRUSTEES OF THE BRICKLAYERS & TROWEL TRADES INTERNATIONAL PENSION FUND, Plaintiffs, -against- TOP STONE & TILE INC., Defendant. SUPPLEMENTAL REPORT AND RECOMMENDATION 24 Civ. 7567 (MKB) (VMS) ------------------------------------------------------------- x Vera M. Scanlon, United States Magistrate Judge: The Court is in receipt of Plaintiffs’1 supplements, see generally ECF Nos. 24-24-2 & 25- 25-2, to its motion for entry of default judgment, see generally ECF Nos. 13-18, filed subsequent to this Court’s issuance of its initial report and recommendation on such motion, see generally ECF No. 21. Plaintiffs were directed to file a proposed form of judgment consistent with the report and recommendation, see generally id., and the Court’s subsequent Order, see 8/25/2025 Order. More specifically, the Court directed Plaintiff to submit a proposed form of judgment with (1) an allocation of delinquent contributions among each of the Funds, which excludes “IU Pension Surcharge” and “IMI,” with such amount accounting for the $15,000 payment made by Defendant on February 6, 2025, and the $20,000.00 payment made by Defendant on a date that 1 All capitalized terms used in this supplemental report and recommendation are defined in the initial report and recommendation. See generally ECF No. 21. Case 1:24-cv-07567-MKB-VMS Document 26 Filed 01/30/26 Page 1 of 10 PageID #: <pageID>
2 was to be provided by Plaintiffs; (2) calculation of an award of interest through February 6, 2025, as allocated to each of the various Funds in the report and recommendation; (3) calculation of an award of interest, calculated as to each of the Funds from February 7, 2025, up to the date of Defendant’s second payment; (4) a notation for an award of interest, to be calculated by the Clerk of Court, from the date of Defendant’s second payment, through the date of judgment, if judgment is entered, to the Funds, in the amount of ten percent annual interest on the delinquent contributions to the Funds, with the exception of the International Pension Fund, the Craftworkers Political Action Committee, and the International Dues Check-Off, calculated based on the claimed delinquent contributions in Plaintiffs’ proposed form of judgment to be filed, and fifteen percent annual interest on the delinquent contributions to the International Pension Fund, the Craftworkers Political Action Committee, and the International Dues Check- Off, calculated based on the claimed delinquent contributions in Plaintiffs’ proposed form of judgment to be filed; (5) an award of liquidated damages to the ERISA Funds, as allocated to each of the various Funds in the report and recommendation; (6) an award of attorneys’ fees to the ERISA Funds; and (7) an award of costs for the audit to the Funds and additional costs to the ERISA Funds. See ECF No. 21 at 21-23; 8/25/2025 Order. The Court agrees with the calculations proposed by Plaintiffs based on the presumption to be awarded to the audits, see Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational & Industry Fund v. Inniss Constr., Inc., No. 20 Civ. 6894 (LJL) (KHP), 2021 WL 2556130, at *3-4 (S.D.N.Y. May 13, 2021) (citations omitted), report & recommendation adopted, No. 20 Civ. 6894 (LJL), 2021 WL 2555840 (S.D.N.Y. June 22, 2021), and on review of the related calculations, as described below. The Court relies upon the allocations provided by Case 1:24-cv-07567-MKB-VMS Document 26 Filed 01/30/26 Page 2 of 10 PageID #: <pageID>
3 Plaintiffs’ auditor as to each of the Funds, see ECF No. 24-2 at 7, as opposed to those set forth in the proposed form of judgment, which inexplicably vary slightly from the allocations provided by Plaintiffs’ auditor. The Court notes that it has relied upon the supplemental audits provided by Plaintiffs’ auditor as to the total amount of the allocations, see generally ECF No. 24-2 at 4-7; ECF No. 25-2 at 5-22, when in conflict with the accompanying declarations provided by Plaintiffs’ auditor, see generally ECF No. 24-2 at 1-3; ECF No. 25-2 at 1-4, which appear to contain some clerical errors. As to point one above, the Court respectfully recommends an award of $7,413.81 for delinquent contributions to the Funds as follows: for the International Funds, $489.36 for the International Pension Fund, $5.34 for Craftworkers Political Action Committee, and $171.67 for International Dues Check-Off, and, for the Local Funds, $2,320.55 for the Welfare Fund, $93.88 for the Retiree Fund, $729.60 for the Local Pension Fund, $829.19 for the Vacation Fund, $355.90 for the Supplemental Fund, $1,823.99 for the Annuity Fund, $17.80 for the Promotional Fund, $1.78 for the Training Fund, $3.56 for the Building Fund, $17.80 for the Defense Fund, $1.78 for the Tile Industry Political Action Committee, $344.38 for the Local Dues Check-Off One, and $207.33 for the Local Dues Check-Off Two. See ECF No. 24-2 at 7.2 As to point two above, the Court respectfully recommends an award of $24,902.77 for interest through February 12, 2025, given that the check for the first payment from Defendant cleared on February 13, 2025, consisting of, for the International Funds, $2,666.98 for the 2 Given that $2,362.47 of the $35,000.00 from the first and second payments from Defendant was allocated to “IU Pension Surcharge” and “IMI,” see ECF No. 24-2 at 7, as to which the Court did not recommend granting relief, the total amount of delinquent contributions recommended to be awarded is higher than initially contemplated by the Court in its initial report and recommendation and subsequent Order by that amount, see ECF No. 21 at 22; 8/25/2025 Order. Case 1:24-cv-07567-MKB-VMS Document 26 Filed 01/30/26 Page 3 of 10 PageID #: <pageID>
4 International Pension Fund, $29.11 for Craftworkers Political Action Committee, and $885.66 for International Dues Check-Off and, for the Local Funds, $7,587.67 for the Welfare Fund, $386.51 for the Retiree Fund, $2,389.47 for the Local Pension Fund, $2,483.01 for the Vacation Fund, $1,109.06 for the Supplemental Fund, $5,510.04 for the Annuity Fund, $58.64 for the Promotional Fund, $5.88 for the Training Fund, $11.72 for the Building Fund, $58.64 for the Defense Fund, $5.88 for the Tile Industry Political Action Committee, $1,072.04 for the Local Dues Check-Off One, and $642.66 for the Local Dues Check-Off Two. See ECF No. 25-2 at 21.3, 4 As to point three above, the Court respectfully recommends an award of $927.95 for interest from February 13, 2025, through June 16, 2025, given that the check for the second payment from Defendant cleared on June 17, 2025, consisting of, for the International Funds, $85.43 for the International Pension Fund, $0.93 for Craftworkers Political Action Committee, and $29.76 for International Dues Check-Off and, for the Local Funds, $295.81 for the Welfare Fund, $15.98 for the Retiree Fund, $84.22 for the Local Pension Fund, $94.57 for the Vacation Fund, $41.42 for the Supplemental Fund, $211.24 for the Annuity Fund, $2.07 for the Promotional Fund, $0.23 for the Training Fund, $0.42 for the Building Fund, $2.07 for the Defense Fund, $0.20 for the Tile Industry Political Action Committee, $39.78 for the Local Dues 3 Plaintiffs seek to change the critical date for the interest calculation following Defendant’s first payment from February 6, 2025, as set forth in the original briefing, see ECF No. 17 at 16, to February 12, 2025, given that the check for the first payment purportedly cleared on February 13, 2025, see ECF No. 25 at 1. The Court finds the change in date to be warranted, albeit one that should have been raised in the original briefing. As such, the relevant interest calculation recommended to be awarded herein is slightly higher than that recommended to be awarded in the initial report and recommendation. See ECF No. 21 at 22. 4 See supra, n.5. Case 1:24-cv-07567-MKB-VMS Document 26 Filed 01/30/26 Page 4 of 10 PageID #: <pageID>
5 Check-Off One, and $23.82 for the Local Dues Check-Off Two. See ECF No. 25-2 at 21.5 As to point four above, the Court respectfully recommends an award of interest on the delinquent contributions to each of the Funds referenced in point one above, to be calculated by the Clerk of Court, from June 17, 2025, which is the date on which the second payment from Defendant cleared, through the date of judgment, if judgment is entered, in the amount of ten percent annual interest on the delinquent contributions to the Funds, with the exception of the International Pension Fund, the Craftworkers Political Action Committee and the International Dues Check-Off, which should be awarded fifteen percent annual interest on the delinquent contributions for this period. As to point five above, consistent with the initial report and recommendation, see ECF No. 22 at 17-18, 23, the Court respectfully recommends an award of $7,188.05 for liquidated damages to the ERISA Funds, consisting of, for the International Funds, $549.98 for the International Pension Fund and, for the Local Funds, $2,602.04 for the Welfare Fund, $118.24 for the Retiree Fund, $815.65 for the Local Pension Fund, $849.13 for the Vacation Fund, $377.58 for the Supplemental Fund, and $1,875.43 for the Annuity Fund. As to point six above, consistent with the initial report and recommendation, see id. at 18- 20, 23, the Court respectfully recommends an award of $4,839.11 for attorneys’ fees to the ERISA Funds.6 As to point seven above, consistent with the initial report and recommendation, see ECF No. 21 at 20-21, 23, the Court respectfully recommends an award of $3,692.67 in costs, 5 See supra, n.5. 6 The Court notes that the proposed form of judgment does not state that the award is to the ERISA Funds. See ECF No. 25-1 at 4; see ECF No. 21 at 23. Case 1:24-cv-07567-MKB-VMS Document 26 Filed 01/30/26 Page 5 of 10 PageID #: <pageID>
6 consisting of $3,200.00 for the audit to the Funds and $492.67 in additional costs to the ERISA Funds.7 The Court attaches as Exhibit A to this report and recommendation a correct proposed judgment, which is complete except as to the interest calculations to be made by the Clerk of Court. Any written objections to this report and recommendation must be filed with the Clerk of the Court within fourteen days of service. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Any requests for an extension of time for filing objections must be directed to the District Judge assigned to this action prior to the expiration of the fourteen-day period for filing objections. Failure to file objections within fourteen days will preclude further review of this report and recommendation by both the District Court and the Court of Appeals. See Miller v. Brightstar Asia, Ltd., 43 F.4th 112, 120 (2d Cir. 2022) (reasoning that, “although Rule 72 applies only to the district court’s review of a report and recommendation, this court has adopted the rule that when a party fails to object timely to a magistrate [judge]’s recommended decision, it waives any right to further review of that decision” (citation & quotations omitted)). The Court will mail this report and recommendation to Defendant Top Stone & Tile Inc. at 1400 Ocean Avenue, Apartment 3B, Brooklyn, NY 11230. Dated: Brooklyn, New York January 30, 2026 Vera M. Scanlon VERA M. SCANLON United States Magistrate Judge 7 The Court notes that the proposed form of judgment incorrectly lists the award of costs as $2,692.67, instead of $3,692.67, and does not state that the award consists of $3,200.00 for the audit to the Funds and $492.67 in additional costs to the ERISA Funds. See ECF No. 25-1 at 4; see ECF No. 21 at 23. Case 1:24-cv-07567-MKB-VMS Document 26 Filed 01/30/26 Page 6 of 10 PageID #: <pageID>
7 EXHIBIT A Case 1:24-cv-07567-MKB-VMS Document 26 Filed 01/30/26 Page 7 of 10 PageID #: <pageID>
8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------------------------------- x TRUSTEES OF THE LOCAL 7 TILE INDUSTRY WELFARE FUND, TRUSTEES OF THE LOCAL 7 TILE INDUSTRY ANNUITY FUND, TRUSTEES OF THE TILE LAYERS LOCAL UNION 52 PENSION FUND, and TRUSTEES OF THE BRICKLAYERS & TROWEL TRADES INTERNATIONAL PENSION FUND, Plaintiffs, -against- TOP STONE & TILE INC., Defendant. PROPOSED JUDGMENT 24 Civ. 7567 (MKB) (VMS) ------------------------------------------------------------- x This action having been commenced on October 29, 2024, by the filing of the summons and complaint, and a copy of the summons and complaint having been served on Defendant Top Stone & Tile Inc. (“Defendant”) via the New York State Secretary of State on November 1, 2024, and proof of service having been filed on November 4, 2024, and Defendant not having answered the complaint, and the time for answering the complaint having expired, it is ORDERED, ADJUDGED AND DECREED that: (1) $7,413.81 for delinquent contributions are awarded as follows, with the awardees collectively the “Funds”: $489.36 for the Bricklayers & Trowel Trades International Pension Fund, $5.34 for the Bricklayers and Allied Craftworkers Political Action Committee, $171.67 for International Dues Check-Off, $2,320.55 for the Local 7 Tile Industry Welfare Fund, $93.88 for the Local 7 Tile Industry Retiree Fund, $729.60 for the Tile Layers Local Union 52 Pension Fund, $829.19 for the Local 7 Tile Industry Vacation Fund, $355.90 for the Local 7 Tile Industry Supplemental Fund, $1,823.99 for the Local 7 Tile Industry Annuity Fund, $17.80 for the Local 7 Tile Industry Promotional Fund, Case 1:24-cv-07567-MKB-VMS Document 26 Filed 01/30/26 Page 8 of 10 PageID #: <pageID>
9 $1.78 for the Local 7 Tile Industry Training Fund, $3.56 for the Local 7 Tile Building Fund, $17.80 for the Local 7 Tile Industry Defense Fund, $1.78 for the Local 7 Tile Industry Political Action Committee, $344.38 for the First Local Dues Check-Off and $207.33 for the Second Local Dues Check-Off; (2) $24,902.77 for interest through February 12, 2025, after which the check for the first payment from Defendant cleared, awarded as follows: $2,666.98 for the Bricklayers & Trowel Trades International Pension Fund, $29.11 for the Bricklayers and Allied Craftworkers Political Action Committee, $885.66 for International Dues Check-Off, $7,587.67 for the Local 7 Tile Industry Welfare Fund, $386.51 for the Local 7 Tile Industry Retiree Fund, $2,389.47 for the Tile Layers Local Union 52 Pension Fund, $2,483.01 for the Local 7 Tile Industry Vacation Fund, $1,109.06 for the Local 7 Tile Industry Supplemental Fund, $5,510.04 for the Local 7 Tile Industry Annuity Fund, $58.64 for the Local 7 Tile Industry Promotional Fund, $5.88 for the Local 7 Tile Industry Training Fund, $11.72 for the Local 7 Tile Building Fund, $58.64 for the Local 7 Tile Industry Defense Fund, $5.88 for the Local 7 Tile Industry Political Action Committee, $1,072.04 for the First Local Dues Check-Off and $642.66 for the Second Local Dues Check-Off; (3) $927.95 for interest from February 13, 2025, through June 16, 2025, after which the check for the second payment from Defendant cleared on June 17, 2025, awarded as follows: $85.43 for the Bricklayers & Trowel Trades International Pension Fund, $0.93 for the Bricklayers and Allied Craftworkers Political Action Committee, $29.76 for International Dues Check-Off, $295.81 for the Local 7 Tile Industry Welfare Fund, $15.98 for the Local 7 Tile Industry Retiree Fund, $84.22 for the Tile Layers Local Union 52 Pension Fund, $94.57 for the Local 7 Tile Industry Vacation Fund, $41.42 for the Local 7 Tile Industry Supplemental Fund, $211.24 for the Local 7 Tile Industry Annuity Fund, $2.07 for the Local 7 Tile Industry Promotional Fund, $0.23 for the Local 7 Tile Industry Training Fund, $0.42 for the Local 7 Tile Building Fund, $2.07 for the Local 7 Tile Industry Defense Fund, $0.20 for the Local 7 Tile Industry Political Action Committee, Case 1:24-cv-07567-MKB-VMS Document 26 Filed 01/30/26 Page 9 of 10 PageID #: <pageID>
10 $39.78 for the First Local Dues Check-Off and $23.82 for the Second Local Dues Check-Off; (4) _________________________ for interest on the $7,413.81 in delinquent contributions referenced in (1) above, to be calculated by the Clerk of Court, from June 17, 2025, through the date of judgment, in the amount of ten percent annual interest on the delinquent contributions to the each of the Funds, with the exception of the Bricklayers & Trowel Trades International Pension Fund, the Bricklayers and Allied Craftworkers Political Action Committee and the International Dues Check-Off, which is to be awarded fifteen percent annual interest on the delinquent contributions for this period; (5) $7,188.05 for liquidated damages, awarded as follows, with the awardees collectively the “ERISA Funds”: $549.98 for the Bricklayers & Trowel Trades International Pension Fund, $2,602.04 for the Local 7 Tile Industry Welfare Fund, $118.24 for the Local 7 Tile Industry Retiree Fund, $815.65 for the Tile Layers Local Union 52 Pension Fund, $849.13 for the Local 7 Tile Industry Vacation Fund, $377.58 for the Local 7 Tile Industry Supplemental Fund and $1,875.43 for the Local 7 Tile Industry Annuity Fund; (6) $4,839.11 for attorneys’ fees to the ERISA Funds; and (7) $3,692.67 in costs, consisting of $3,200.00 for the audit to the Funds and $492.67 in additional costs to the ERISA Funds. ____________________________________ Hon. Margo K. Brodie, Chief U.S.D.J. Dated: _______________ Case 1:24-cv-07567-MKB-VMS Document 26 Filed 01/30/26 Page 10 of 10 PageID #: <pageID>
1 printed pages contain little extracted OCR body text; searchable legal-body completeness has not been established for those pages.
OCR transcription for search; preserved printed pages are authoritative
Case 1:24-cv-07567-MKB-VMS Document 26 Filed 01/30/26 Page 1 of 10 PageID #: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK x TRUSTEES OF THE LOCAL 7 TILE INDUSTRY WELFARE FUND, TRUSTEES OF THE LOCAL 7 TILE INDUSTRY ANNUITY FUND, TRUSTEES OF THE TILE LAYERS LOCAL UNION 52 PENSION FUND, and TRUSTEES OF THE BRICKLAYERS & TROWEL TRADES INTERNATIONAL PENSION FUND, SUPPLEMENTAL REPORT AND RECOMMENDATION 24 Civ. 7567 (MKB) (VMS) Plaintiffs, -against- TOP STONE & TILE INC., Defendant. x Vera M. Scanlon, United States Magistrate Judge: The Court is in receipt of Plaintiffs' supplements, see generally ECF Nos. 24-24-2 & 25- 25-2, to its motion for entry of default judgment, see generally ECF Nos. 13-18, filed subsequent to this Court's issuance of its initial report and recommendation on such motion, see generally ECF No. 21. Plaintiffs were directed to file a proposed form of judgment consistent with the report and recommendation, see generally id., and the Court's subsequent Order, see 8/25/2025 Order. More specifically, the Court directed Plaintiff to submit a proposed form of judgment with (1) an allocation of delinquent contributions among each of the Funds, which excludes "IU Pension Surcharge" and "IMI," with such amount accounting for the $15,000 payment made by Defendant on February 6, 2025, and the $20,000.00 payment made by Defendant on a date that 1 All capitalized terms used in this supplemental report and recommendation are defined in the initial report and recommendation. See generally ECF No. 21. AUTHENTICATED U.S. GOVERNMENT INFORMATION GPO 1 2 was to be provided by Plaintiffs; (2) calculation of an award of interest through February 6, 2025, as allocated to each of the various Funds in the report and recommendation; (3) calculation of an award of interest, calculated as to each of the Funds from February 7, 2025, up to the date of Defendant’s second payment; (4) a notation for an award of interest, to be calculated by the Clerk of Court, from the date of Defendant’s second payment, through the date of judgment, if judgment is entered, to the Funds, in the amount of ten percent annual interest on the delinquent contributions to the Funds, with the exception of the International Pension Fund, the Craftworkers Political Action Committee, and the International Dues Check-Off, calculated based on the claimed delinquent contributions in Plaintiffs’ proposed form of judgment to be filed, and fifteen percent annual interest on the delinquent contributions to the International Pension Fund, the Craftworkers Political Action Committee, and the International Dues Check- Off, calculated based on the claimed delinquent contributions in Plaintiffs’ proposed form of judgment to be filed; (5) an award of liquidated damages to the ERISA Funds, as allocated to each of the various Funds in the report and recommendation; (6) an award of attorneys’ fees to the ERISA Funds; and (7) an award of costs for the audit to the Funds and additional costs to the ERISA Funds. See ECF No. 21 at 21-23; 8/25/2025 Order. The Court agrees with the calculations proposed by Plaintiffs based on the presumption to be awarded to the audits, see Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, Apprenticeship, Journeyman Retraining, Educational & Industry Fund v. Inniss Constr., Inc., No. 20 Civ. 6894 (LJL) (KHP), 2021 WL 2556130, at *3-4 (S.D.N.Y. May 13, 2021) (citations omitted), report & recommendation adopted, No. 20 Civ. 6894 (LJL), 2021 WL 2555840 (S.D.N.Y. June 22, 2021), and on review of the related calculations, as described below. The Court relies upon the allocations provided by Case 1:24-cv-07567-MKB-VMS Document 26 Filed 01/30/26 Page 2 of 10 PageID #: <pageID> 3 Plaintiffs’ auditor as to each of the Funds, see ECF No. 24-2 at 7, as opposed to those set forth in the proposed form of judgment, which inexplicably vary slightly from the allocations provided by Plaintiffs’ auditor. The Court notes that it has relied upon the supplemental audits provided by Plaintiffs’ auditor as to the total amount of the allocations, see generally ECF No. 24-2 at 4-7; ECF No. 25-2 at 5-22, when in conflict with the accompanying declarations provided by Plaintiffs’ auditor, see generally ECF No. 24-2 at 1-3; ECF No. 25-2 at 1-4, which appear to contain some clerical errors. As to point one above, the Court respectfully recommends an award of $7,413.81 for delinquent contributions to the Funds as follows: for the International Funds, $489.36 for the International Pension Fund, $5.34 for Craftworkers Political Action Committee, and $171.67 for International Dues Check-Off, and, for the Local Funds, $2,320.55 for the Welfare Fund, $93.88 for the Retiree Fund, $729.60 for the Local Pension Fund, $829.19 for the Vacation Fund, $355.90 for the Supplemental Fund, $1,823.99 for the Annuity Fund, $17.80 for the Promotional Fund, $1.78 for the Training Fund, $3.56 for the Building Fund, $17.80 for the Defense Fund, $1.78 for the Tile Industry Political Action Committee, $344.38 for the Local Dues Check-Off One, and $207.33 for the Local Dues Check-Off Two. See ECF No. 24-2 at 7.2 As to point two above, the Court respectfully recommends an award of $24,902.77 for interest through February 12, 2025, given that the check for the first payment from Defendant cleared on February 13, 2025, consisting of, for the International Funds, $2,666.98 for the 2 Given that $2,362.47 of the $35,000.00 from the first and second payments from Defendant was allocated to “IU Pension Surcharge” and “IMI,” see ECF No. 24-2 at 7, as to which the Court did not recommend granting relief, the total amount of delinquent contributions recommended to be awarded is higher than initially contemplated by the Court in its initial report and recommendation and subsequent Order by that amount, see ECF No. 21 at 22; 8/25/2025 Order. Case 1:24-cv-07567-MKB-VMS Document 26 Filed 01/30/26 Page 3 of 10 PageID #: <pageID> 4 International Pension Fund, $29.11 for Craftworkers Political Action Committee, and $885.66 for International Dues Check-Off and, for the Local Funds, $7,587.67 for the Welfare Fund, $386.51 for the Retiree Fund, $2,389.47 for the Local Pension Fund, $2,483.01 for the Vacation Fund, $1,109.06 for the Supplemental Fund, $5,510.04 for the Annuity Fund, $58.64 for the Promotional Fund, $5.88 for the Training Fund, $11.72 for the Building Fund, $58.64 for the Defense Fund, $5.88 for the Tile Industry Political Action Committee, $1,072.04 for the Local Dues Check-Off One, and $642.66 for the Local Dues Check-Off Two. See ECF No. 25-2 at 21.3, 4 As to point three above, the Court respectfully recommends an award of $927.95 for interest from February 13, 2025, through June 16, 2025, given that the check for the second payment from Defendant cleared on June 17, 2025, consisting of, for the International Funds, $85.43 for the International Pension Fund, $0.93 for Craftworkers Political Action Committee, and $29.76 for International Dues Check-Off and, for the Local Funds, $295.81 for the Welfare Fund, $15.98 for the Retiree Fund, $84.22 for the Local Pension Fund, $94.57 for the Vacation Fund, $41.42 for the Supplemental Fund, $211.24 for the Annuity Fund, $2.07 for the Promotional Fund, $0.23 for the Training Fund, $0.42 for the Building Fund, $2.07 for the Defense Fund, $0.20 for the Tile Industry Political Action Committee, $39.78 for the Local Dues 3 Plaintiffs seek to change the critical date for the interest calculation following Defendant’s first payment from February 6, 2025, as set forth in the original briefing, see ECF No. 17 at 16, to February 12, 2025, given that the check for the first payment purportedly cleared on February 13, 2025, see ECF No. 25 at 1. The Court finds the change in date to be warranted, albeit one that should have been raised in the original briefing. As such, the relevant interest calculation recommended to be awarded herein is slightly higher than that recommended to be awarded in the initial report and recommendation. See ECF No. 21 at 22. 4 See supra, n.5. Case 1:24-cv-07567-MKB-VMS Document 26 Filed 01/30/26 Page 4 of 10 PageID #: <pageID> 5 Check-Off One, and $23.82 for the Local Dues Check-Off Two. See ECF No. 25-2 at 21.5 As to point four above, the Court respectfully recommends an award of interest on the delinquent contributions to each of the Funds referenced in point one above, to be calculated by the Clerk of Court, from June 17, 2025, which is the date on which the second payment from Defendant cleared, through the date of judgment, if judgment is entered, in the amount of ten percent annual interest on the delinquent contributions to the Funds, with the exception of the International Pension Fund, the Craftworkers Political Action Committee and the International Dues Check-Off, which should be awarded fifteen percent annual interest on the delinquent contributions for this period. As to point five above, consistent with the initial report and recommendation, see ECF No. 22 at 17-18, 23, the Court respectfully recommends an award of $7,188.05 for liquidated damages to the ERISA Funds, consisting of, for the International Funds, $549.98 for the International Pension Fund and, for the Local Funds, $2,602.04 for the Welfare Fund, $118.24 for the Retiree Fund, $815.65 for the Local Pension Fund, $849.13 for the Vacation Fund, $377.58 for the Supplemental Fund, and $1,875.43 for the Annuity Fund. As to point six above, consistent with the initial report and recommendation, see id. at 18- 20, 23, the Court respectfully recommends an award of $4,839.11 for attorneys’ fees to the ERISA Funds.6 As to point seven above, consistent with the initial report and recommendation, see ECF No. 21 at 20-21, 23, the Court respectfully recommends an award of $3,692.67 in costs, 5 See supra, n.5. 6 The Court notes that the proposed form of judgment does not state that the award is to the ERISA Funds. See ECF No. 25-1 at 4; see ECF No. 21 at 23. Case 1:24-cv-07567-MKB-VMS Document 26 Filed 01/30/26 Page 5 of 10 PageID #: <pageID> 6 consisting of $3,200.00 for the audit to the Funds and $492.67 in additional costs to the ERISA Funds.7 The Court attaches as Exhibit A to this report and recommendation a correct proposed judgment, which is complete except as to the interest calculations to be made by the Clerk of Court. Any written objections to this report and recommendation must be filed with the Clerk of the Court within fourteen days of service. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Any requests for an extension of time for filing objections must be directed to the District Judge assigned to this action prior to the expiration of the fourteen-day period for filing objections. Failure to file objections within fourteen days will preclude further review of this report and recommendation by both the District Court and the Court of Appeals. See Miller v. Brightstar Asia, Ltd., 43 F.4th 112, 120 (2d Cir. 2022) (reasoning that, “although Rule 72 applies only to the district court’s review of a report and recommendation, this court has adopted the rule that when a party fails to object timely to a magistrate [judge]’s recommended decision, it waives any right to further review of that decision” (citation & quotations omitted)). The Court will mail this report and recommendation to Defendant Top Stone & Tile Inc. at 1400 Ocean Avenue, Apartment 3B, Brooklyn, NY 11230. Dated: Brooklyn, New York January 30, 2026 Vera M. Scanlon VERA M. SCANLON United States Magistrate Judge 7 The Court notes that the proposed form of judgment incorrectly lists the award of costs as $2,692.67, instead of $3,692.67, and does not state that the award consists of $3,200.00 for the audit to the Funds and $492.67 in additional costs to the ERISA Funds. See ECF No. 25-1 at 4; see ECF No. 21 at 23. Case 1:24-cv-07567-MKB-VMS Document 26 Filed 01/30/26 Page 6 of 10 PageID #: <pageID> Case 1:24-cv-07567-MKB-VMS Document 26 Filed 01/30/26 Page 7 of 10 PageID #: EXHIBIT A 7 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------------------------------- x TRUSTEES OF THE LOCAL 7 TILE INDUSTRY WELFARE FUND, TRUSTEES OF THE LOCAL 7 TILE INDUSTRY ANNUITY FUND, TRUSTEES OF THE TILE LAYERS LOCAL UNION 52 PENSION FUND, and TRUSTEES OF THE BRICKLAYERS & TROWEL TRADES INTERNATIONAL PENSION FUND, Plaintiffs, -against- TOP STONE & TILE INC., Defendant. PROPOSED JUDGMENT 24 Civ. 7567 (MKB) (VMS) ------------------------------------------------------------- x This action having been commenced on October 29, 2024, by the filing of the summons and complaint, and a copy of the summons and complaint having been served on Defendant Top Stone & Tile Inc. (“Defendant”) via the New York State Secretary of State on November 1, 2024, and proof of service having been filed on November 4, 2024, and Defendant not having answered the complaint, and the time for answering the complaint having expired, it is ORDERED, ADJUDGED AND DECREED that: (1) $7,413.81 for delinquent contributions are awarded as follows, with the awardees collectively the “Funds”: $489.36 for the Bricklayers & Trowel Trades International Pension Fund, $5.34 for the Bricklayers and Allied Craftworkers Political Action Committee, $171.67 for International Dues Check-Off, $2,320.55 for the Local 7 Tile Industry Welfare Fund, $93.88 for the Local 7 Tile Industry Retiree Fund, $729.60 for the Tile Layers Local Union 52 Pension Fund, $829.19 for the Local 7 Tile Industry Vacation Fund, $355.90 for the Local 7 Tile Industry Supplemental Fund, $1,823.99 for the Local 7 Tile Industry Annuity Fund, $17.80 for the Local 7 Tile Industry Promotional Fund, Case 1:24-cv-07567-MKB-VMS Document 26 Filed 01/30/26 Page 8 of 10 PageID #: <pageID> 9 $1.78 for the Local 7 Tile Industry Training Fund, $3.56 for the Local 7 Tile Building Fund, $17.80 for the Local 7 Tile Industry Defense Fund, $1.78 for the Local 7 Tile Industry Political Action Committee, $344.38 for the First Local Dues Check-Off and $207.33 for the Second Local Dues Check-Off; (2) $24,902.77 for interest through February 12, 2025, after which the check for the first payment from Defendant cleared, awarded as follows: $2,666.98 for the Bricklayers & Trowel Trades International Pension Fund, $29.11 for the Bricklayers and Allied Craftworkers Political Action Committee, $885.66 for International Dues Check-Off, $7,587.67 for the Local 7 Tile Industry Welfare Fund, $386.51 for the Local 7 Tile Industry Retiree Fund, $2,389.47 for the Tile Layers Local Union 52 Pension Fund, $2,483.01 for the Local 7 Tile Industry Vacation Fund, $1,109.06 for the Local 7 Tile Industry Supplemental Fund, $5,510.04 for the Local 7 Tile Industry Annuity Fund, $58.64 for the Local 7 Tile Industry Promotional Fund, $5.88 for the Local 7 Tile Industry Training Fund, $11.72 for the Local 7 Tile Building Fund, $58.64 for the Local 7 Tile Industry Defense Fund, $5.88 for the Local 7 Tile Industry Political Action Committee, $1,072.04 for the First Local Dues Check-Off and $642.66 for the Second Local Dues Check-Off; (3) $927.95 for interest from February 13, 2025, through June 16, 2025, after which the check for the second payment from Defendant cleared on June 17, 2025, awarded as follows: $85.43 for the Bricklayers & Trowel Trades International Pension Fund, $0.93 for the Bricklayers and Allied Craftworkers Political Action Committee, $29.76 for International Dues Check-Off, $295.81 for the Local 7 Tile Industry Welfare Fund, $15.98 for the Local 7 Tile Industry Retiree Fund, $84.22 for the Tile Layers Local Union 52 Pension Fund, $94.57 for the Local 7 Tile Industry Vacation Fund, $41.42 for the Local 7 Tile Industry Supplemental Fund, $211.24 for the Local 7 Tile Industry Annuity Fund, $2.07 for the Local 7 Tile Industry Promotional Fund, $0.23 for the Local 7 Tile Industry Training Fund, $0.42 for the Local 7 Tile Building Fund, $2.07 for the Local 7 Tile Industry Defense Fund, $0.20 for the Local 7 Tile Industry Political Action Committee, Case 1:24-cv-07567-MKB-VMS Document 26 Filed 01/30/26 Page 9 of 10 PageID #: <pageID> 10 $39.78 for the First Local Dues Check-Off and $23.82 for the Second Local Dues Check-Off; (4) _________________________ for interest on the $7,413.81 in delinquent contributions referenced in (1) above, to be calculated by the Clerk of Court, from June 17, 2025, through the date of judgment, in the amount of ten percent annual interest on the delinquent contributions to the each of the Funds, with the exception of the Bricklayers & Trowel Trades International Pension Fund, the Bricklayers and Allied Craftworkers Political Action Committee and the International Dues Check-Off, which is to be awarded fifteen percent annual interest on the delinquent contributions for this period; (5) $7,188.05 for liquidated damages, awarded as follows, with the awardees collectively the “ERISA Funds”: $549.98 for the Bricklayers & Trowel Trades International Pension Fund, $2,602.04 for the Local 7 Tile Industry Welfare Fund, $118.24 for the Local 7 Tile Industry Retiree Fund, $815.65 for the Tile Layers Local Union 52 Pension Fund, $849.13 for the Local 7 Tile Industry Vacation Fund, $377.58 for the Local 7 Tile Industry Supplemental Fund and $1,875.43 for the Local 7 Tile Industry Annuity Fund; (6) $4,839.11 for attorneys’ fees to the ERISA Funds; and (7) $3,692.67 in costs, consisting of $3,200.00 for the audit to the Funds and $492.67 in additional costs to the ERISA Funds. ____________________________________ Hon. Margo K. Brodie, Chief U.S.D.J. Dated: _______________ Case 1:24-cv-07567-MKB-VMS Document 26 Filed 01/30/26 Page 10 of 10 PageID #: <pageID>
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.