Mason Tenders District Council Welfare Fund, Mason Tenders District Council Pension Fund, Mason Tenders District Council Annuity Fund, Mason Tenders District Council Training Fund, Mason Tenders District Council Health and Safety Fund, and Dominick Giamona, as Funds' Contributions/Deficiency Manager v. Blade Contracting, Inc., and Blade General Contracting, Inc.

District Court, S.D. New York·Decided March 27, 2026·No. 1:22-cv-09609·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MASON TENDERS DISTRICT COUNCIL WELFARE FUND, MASON TENDERS DISTRICT COUNCIL PENSION FUND, MASON TENDERS DISTRICT COUNCIL ANNUITY FUND, MASON TENDERS DISTRICT COUNCIL TRAINING FUND, MASON TENDERS DISTRICT COUNCIL HEALTH AND SAFETY FUND, and DOMINICK GIAMMONA, as Funds' 22-CV-9609 (JGLC) Contributions/Deficiency Manager, OPINION AND ORDER Plaintiffs, -against- BLADE CONTRACTING, INC., and BLADE GENERAL CONTRACTING, INC., Defendants.

JESSICA G. L. CLARKE, United States District Judge: In this action for unpaid benefit contributions, the Court granted in part and denied in part Plaintiffs’ Motion for Summary Judgment. Before the Court now is Plaintiffs’ damages and attorneys’ fees calculations (“Damages Briefing”), and Defendants’ subsequent motion to stay the judgment pending appeal (“Stay Motion”). For the reasons stated herein, Plaintiffs’ requested damages are granted in part, with the Court reducing the principal delinquency, and Defendants’ Stay Motion is granted upon payment of a supersedeas bond. BACKGROUND Familiarity with the facts of this case, as discussed in the Court’s Opinion and Order at ECF No. 70 (“Liability Opinion”), is assumed. On March 27, 2025, the Court granted Plaintiffs’ Motion for Summary Judgment, finding that Plaintiffs were “entitled to damages under the collective bargaining agreement and the Employment Retirement Income Security Act.” Liability Opinion at 2. The Court determined that Defendants were joint and severally liable for Blade Contracting’s failure to satisfy its obligations under the Master Collective Bargaining Agreement (“CBA”) it held with the Mason Tenders Union. Id. at 22. However, the Court also found that unpaid contributions for work prior to November 10, 2016, were time barred, so it did not rule on

damages and ordered Plaintiffs to submit a proposed judgment for itemized damages, fees, and costs. Id. at 25–26. Plaintiffs timely filed their Damages Briefing, which Defendants opposed. See ECF Nos. 72–75. Shortly after the parties finished briefing damages and attorneys’ fees, Defendants submitted a motion to stay the judgment. See ECF Nos. 77, 81–83. Defendants appealed the Court’s Liability Opinion on April 24, 2025. ECF No. 71. However, the appeal has been stayed in the Second Circuit pending an entry of final judgment on Plaintiffs’ Summary Judgment Motion. See ECF No. 13, Case No. 25-1045 (2d Cir.). In total, Plaintiffs seek damages in the amount of $538,139.32, comprising the outstanding principal delinquency, interest, liquidated damages, imputed audit costs, legal fees,

and costs. ECF No. 72 (“Lyons Dec.”) ¶ 43. PLAINTIFFS’ PROPOSED ITEMIZATION OF DAMAGES

Outstanding Principal $150,731.57 Late Interest (as of 4/30/25) $76,812.63 Liquidated Damages $76,812.63 Imputed Audit Costs $79,770.29 Legal Fees $151,720.50 Costs $2,291.80 TOTAL DAMAGES $538,139.42 In their briefing, Plaintiffs contend that the principal delinquency alleged in their Summary Judgment Motion remains unchanged. ECF No. 73 (“Damages Briefing”); see also Lyons Dec. ¶ 6. Because the first audit finding arose from work performed in 2017, the damages previously sought by Plaintiffs are all within the statute of limitations. Lyons Dec. ¶ 6. They further claim late interest in an amount calculated according to rates set by the Employee Benefits Security Administration, a division of the Department of Labor—as required by the CBA. See id. ¶ 8 (citing ECF No. 51-2 (“CBA”) Art. VI § 17(g)(2). They claim liquidated damages pursuant to the statutory ERISA awards and the CBA. Lyons Dec. ¶ 14; see also 29 U.S.C. § 1132(g)(2)(C);

CBA Art. VI § 17(g)(3). Finally, Plaintiffs claim legal fees and costs to cover 641.2 hours of attorney time, 38.9 hours of paralegal time, and costs associated with filing, service of process, and depositions. Lyons Dec. ¶¶ 25, 40–42. Defendants oppose the motion, contending that the delinquency was miscalculated, the CBA only allows a reasonable fee, the legal fees and costs requested are excessive, and that all imputed costs—including interest, liquidated damages, and imputed audit costs—should be rejected. See ECF No. 75 (“Opp. to Damages Briefing”). In particular, Defendants argue that the proposed delinquency contains an excess of 1,030.5 hours, because some Local Hires “did not do jurisdictional work of the Mason Tenders/Laborers” and the hour counts included time when benefits did not accrue. See id. at 6.

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Mason Tenders District Council Welfare Fund, Mason Tenders District Council Pension Fund, Mason Tenders District Council Annuity Fund, Mason Tenders District Council Training Fund, Mason Tenders District Council Health and Safety Fund, and Dominick Giamona, as Funds' Contributions/Deficiency Manager v. Blade Contracting, Inc., and Blade General Contracting, Inc., (S.D.N.Y. 2026).

Mason Tenders District Council Welfare Fund, Mason Tenders District Council Pension Fund, Mason Tenders District Council Annuity Fund, Mason Tenders District Council Training Fund, Mason Tenders District Council Health and Safety Fund, and Dominick Giamona, as Funds' Contributions/Deficiency Manager v. Blade Contracting, Inc., and Blade General Contracting, Inc. (Mason Tenders District Council Welfare Fund, Mason Tenders District Council Pension Fund, Mason Tenders District Council Annuity Fund, Mason Tenders District Council Training Fund, Mason Tenders District Council Health and Safety Fund, and Dominick Giamona, as Funds' Contributions/Deficiency Manager v. Blade Contracting, Inc., and Blade General Contracting, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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