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Fresina v. Casale Excavation Inc.

Excavation Firm Violated ERISA by Failing to Contribute $132,008 to Union Funds

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION On November 3, 2022, Samuel Fresina, Anthony Fresina, Carmen Nicotera, Jr., Andrew Sciocchetti, John Campbell, and Eugene Hallock, as Trustees and Fiduciaries of the Laborers’ Local No. 190 Pension Fund, Laborers’ Local No. 190 Annuity Fund, Laborers’ Local No. 190 Health Fund, and Laborers’ Local Union No. 190 (collectively, “Plaintiffs”), commenced this action against Casale Excavation, Inc. (“Defendant”) alleging violations of Sections 502(g)(2) and 515 of the Employee Retirement Income Security Act of 1974 (“ERISA”), as amended, 29 U.S.C. §§1132(g)(2) and 1145, and Section 301 of the Labor-Management Relations Act (“LMRA”), 29 U.S.C. §185. See Dkt. No. 1. Presently before the Court is Plaintiffs’ unopposed motion for default judgment. See Dkt. No. 20.¹ For the following reasons, the motion is granted.² II. BACKGROUND Defendant is a corporation and “employer in an industry affecting commerce” that transacted business in the State of New York as a construction company. Dkt. No. 1 at 3. Plaintiffs are the Trustees of multi-employer employee benefit plans. See id. at 1. Plaintiffs allege that Defendant violated a Collective Bargaining Agreement (“CBA”) in which Defendant agreed to contribute to Plaintiffs “certain sums of money for each hour worked by employees covered by the CBA.” Id. at

5-6; see also Dkt. No. 20-1 at 13-15, 51. From 2013 to 2017, Defendant employed individuals covered under the CBA but failed to pay $132,008.92 in required contributions.³ See Dkt. No. 1 at

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