District Judge Michael A. Telesca

 

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Paige is president of Flower City Monitors Inc. Through their fiduciaries, plaintiff union pension and welfare funds sued Flower City and Paige under ERISA and the Labor Management Relations Act over unpaid contributions. The court previously denied defendants vacatur of the clerk’s Oct. 13, 2015, notice of default for defendants’ failure to plead or otherwise defend the plaintiff funds’ July 29, 2015, complaint. The court found plaintiffs entitled to default judgment in their action for unpaid contributions, deductions, interest, liquidated damages, and audit and attorneys’ fees against Flower Monitors. Defendants presented no basis for the court to depart from its prior determination that they willfully defaulted and did not succeed in stating a potentially meritorious defense. The amount of judgment was to be determined after defendants submitted evidence and argument in opposition to plaintiffs’ damages calculations. The court found defendants should be given the opportunity to submit proofs in opposition to plaintiffs’ multiple detailed affidavits and documentary proofs purportedly allowing their damages to be ascertained “with reasonable certainty.”