UNITE HERE Retirement Fund v. Edward Vill. Grp. LLC

Withdrawal Liability, Delinquent Contribution Awards to Union Fund Under ERISA Explained

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OPINION AND ORDER The UNITE HERE Retirement Fund (the “Fund”), its Trustees and Fiduciaries, and UNITE HERE Local 450 (“Local 450″) (collectively, “Plaintiffs”) sued Edward Village Group, LLC d/b/a Edward Village Hotel (“Edward Village”), Edward Chicago Management, LLC d/b/a Edward Chicago Hotel (“Edward Chicago”) (together, “Defendants”), and Does 1-10, as employers related to Defendants, to recover unpaid contributions, accrued leave, and withdrawal liability owed to the Fund or members of Local 450, along with damages and interest associated with the contributions and withdrawal liability. Plaintiffs allege violations of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §1001 et seq., and applicable collective-bargaining and settlement agreements. See Dkt. No. 6 (“Complaint” or “Compl.”). Plaintiffs served Edward Chicago with copies of the summons and Complaint on March 29, 2021 and served Edward Village on April 21, 2021. See Dkt. Nos. 10-11. When Defendants failed to answer or otherwise respond to the Complaint, Plaintiffs sought and obtained Certificates of Default as to each of the Defendants. See Dkt. Nos. 15, 17. Plaintiffs then moved for default judgment against Defendants. Dkt. No. 19. BACKGROUND The well-pleaded allegations of the Complaint are taken as true for the purposes of a motion for default judgment. See City of New York v. Mickalis Pawn Shop, LLC, 645 F.3d 114, 137 (2d Cir. 2011) (“It is an ancient common law axiom that a defendant who defaults thereby admits all well-pleaded factual allegations contained in the complaint.” (internal quotation marks omitted)). Defendants operated hotels that employed individuals represented by labor unions: Local 450 represented the employees of Edward Chicago, and UNITE HERE Local 24 (“Local 24″) represented the employees of Edward Village. Compl.

8, 10. The terms and conditions of employment for each set of Defendants’ employees were governed by collective-bargaining agreements. Id.

UNITE HERE Retirement Fund v. Edward Vill. Grp. LLC

Withdrawal Liability, Delinquent Contribution Awards to Union Fund Under ERISA Explained

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