Corbett v. Guardian Worldwide Moving Co.

164 F.R.D. 323, 1995 U.S. Dist. LEXIS 20840, 1995 WL 783897
CourtDistrict Court, E.D. New York
DecidedDecember 13, 1995
DocketNo. 92-CV-4575 (DRH)
StatusPublished
Cited by2 cases

This text of 164 F.R.D. 323 (Corbett v. Guardian Worldwide Moving Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Corbett v. Guardian Worldwide Moving Co., 164 F.R.D. 323, 1995 U.S. Dist. LEXIS 20840, 1995 WL 783897 (E.D.N.Y. 1995).

Opinion

MEMORANDUM AND ORDER

HURLEY, District Judge.

Presently before the Court is Plaintiffs’ application for attorneys’ fees and costs, and Defendant’s motion for reconsideration of, and relief from, the Court’s Order dated June 24, 1994; alternatively, Defendant seeks the Court’s permission to supplement the record on appeal. For the reasons indicated below, Plaintiffs’ application is granted and Defendant’s motions are denied.

Background

Plaintiffs commenced the instant action in September 1992, seeking “to recover unpaid and delinquent contributions” to Teamsters Local 814 Pension, Annuity and Welfare Funds (the “Funds”). (See Compl. ¶ 1.) Plaintiffs alleged that Defendant Guardian Worldwide Moving Company (“Guardian”) “was and is a party to and bound by a series of collective bargaining agreements with Local 814 ...,” and that such “agreements require Guardian to contribute certain amounts of money to the Funds----” (Id. at 7.) Plaintiffs claimed that Guardian failed to make payments owed for November 1991 to January 1992, and March 1992, as it was obligated to do so pursuant to a settlement agreement and a confession of judgment entered into by the parties in May, 1992. (See id. ¶¶ 12-17.) Plaintiffs further claimed that Guardian owed the Funds contributions for the months of April 1992 through July 1992. (Id. ¶ 19.) Finally, Plaintiffs requested that, pursuant to 29 U.S.C. § 1132(a)(3), Guardian be permanently enjoined “from continuing its practice of making untimely payments to the Funds.” (See id. ¶ 25; id. at 10.)

In March 1993, the parties executed a stipulation for entry of Consent Judgment; such Consent Judgment was ordered by the Court on April 14, 1993. Pursuant thereto, Guardian admitted liability to the Funds in the amount of $427,980.33, for the period of November 1991 through February 1993. (Apr. 14, 1993 Consent J. at 2.) Guardian obligated itself, inter alia, to pay $401,-867.371 on a monthly installment basis, each payment to be made by certified check. (Id. at 3.)

Guardian agreed that if it failed to make timely payments pursuant to the Consent Judgment,

the entire unpaid balance ([at that time] ... $401,867.37), plus the additional liquidated damages not included in the foregoing payment schedule for the months of March 1992 through February 1993 ($26,-112.96), plus whatever additional interest, liquidated damages, and attorneys’ fees and costs the Funds may be entitled to, shall become immediately due and owing upon Guardian’s failure to cure any such default----

(Id. at 4.) Finally, Guardian agreed to “be permanently enjoined to make all contributions required by its collective bargaining agreements with Teamsters Local 814 in the time and manner established by the Funds.” (Id. at 4-5.)

In May 1994, Plaintiffs filed a motion requesting that the Court enter judgment against Guardian in accordance with the Consent Judgment, claiming that Guardian had “defaulted on its monthly obligations in virtu[326]*326ally every month since the entry of the Consent Judgment.” (Pis.’ May 10, 1994 Mem. Supp. at 3.) Specifically, Plaintiffs indicated that “Guardian ha[d] only paid on or about the tenth day following written notice of its default in each and every month it has been subject to the Consent Judgment.” (Id.) Further, Plaintiffs stated that “[i]n April of 1994, Guardian once again defaulted and, after receiving another ten day notice regarding its default, presented checks to the Funds which it then advised would not be honored by its bank.” (Id.) In violation of Local Civil Rule 3(b), Guardian failed to file a memorandum in response to Plaintiffs’ motion; 2 instead, it relied upon an affidavit by its president, which was devoid of any supporting authority. (See Mariani May 26, 1994 Affid.)

By Order dated June 24, 1994, the Court granted Plaintiffs’ motion for entry of judgment against Guardian for default under the terms of the Consent Judgment. (See June 24, 1994 Order.) Specifically, the Court directed that “pursuant to the consent judgment dated April 14, 1993, judgment shall be entered in favor of plaintiffs and against defendant in the amount of $146,438.22.”3 (June 24, 1994 Order at 2.) Further, the Court indicated that, in its discretion, it would “grant attorneys’ fees and costs to plaintiffs from the date of the consent judgment as permitted by 29 U.S.C. § 1132(g).” (Id.)

Pursuant to the Court’s June 24, 1994 Order, Plaintiffs filed an application for attorneys’ fees and costs. Guardian opposes Plaintiffs’ application and seeks “reconsideration of the Court’s ... order of June 24, 1994 and relief from the judgment of June 24, 1994....” (Def.’s July 19, 1994 Not. Cross-mot. at 1.) Alternatively, Guardian requests the Court’s permission to “supplement the record on appeal.” (Id.) First, the Court addresses Guardian’s motions, and then considers Plaintiffs’ application.

DISCUSSION

1. Guardian’s Motions

A. Rule 59(e) Motion

Federal Rule of Civil Procedure 59(e) (“Rule 59(e)”) provides as follows:

A motion to alter or amend the judgment shall be served not later than 10 days after entry of the judgment.

Fed.R.Civ.P. 59(e). Also implicated is Local Civil Rule 3(j) (“Local Rule 3(j)”) which provides as follows:

A notice of motion for reargument shall be served within ten (10) days after the docketing of the court’s determination of the original motion____ There shall be served with the notice of motion a memorandum setting forth concisely the matters or controlling decisions which counsel believes the court has overlooked---- No affidavits shall be filed by any party unless directed by the court.

Local Civ.R. 3(j).

As an initial matter, the Court notes that Guardian neither requested nor received the Court’s permission to file affidavits in support of its reconsideration motion; nevertheless, in contravention of Local Rule 3(j), Guardian submitted an affidavit by Michael Mariani, the president of Guardian; such affidavit, however, was devoid of any supporting authority. (See Mariani July 19, 1994 Affid.) Moreover, Guardian, again in contravention of Local Rulé 3(j), did not serve with its notice of motion a memorandum of law in support thereof. Instead, after Plaintiffs filed their response papers, which noted Guardian’s failure to comply with the requirements of Local Rule 3(j), (see Pis.’ Reply Mem. at 8), Guardian served and filed [327]*327a memorandum in support of its motion.4 (See Guardian Aug. 10, 1994 Mem.Supp.) In any event because, as is explained below, Guardian’s motion is untimely, it is denied on that ground, rather than because of any procedural deficiency.

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Bluebook (online)
164 F.R.D. 323, 1995 U.S. Dist. LEXIS 20840, 1995 WL 783897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corbett-v-guardian-worldwide-moving-co-nyed-1995.