New York State Teamsters Conference Pension & Retirement Fund v. Fratto Curbing Co.
The case involves the New York State Teamsters Conference Pension and Retirement Fund seeking a default judgment against Fratto Curbing Co., Inc. for delinquent pension fund contributions. Fratto failed to respond to the complaint after being served, leading to an entry of default by the Clerk of the Court. The court granted the Teamsters' motion for default judgment, finding Fratto liable for delinquent contributions, audit fees, interest, and attorney's fees. The decision also clarified the calculation of liquidated damages under ERISA, stating that the fund is entitled to the greater of double interest or the plan's liquidated damages, but not both, thus reducing the total award. The final judgment was entered against Fratto in the amount of $5,687.23, along with post-judgment interest.