JAMES L. COTT, Magistrate Judge.
On October 2, 2015, the Court granted a default judgment to Plaintiffs Trustees of the Sheet Metal Workers' International Association Local Union No. 28 Benefit Funds (the "Funds" or "Plaintiffs") against Defendants Maximum Metal Manufacturers, Inc. ("Maximum"), Elvis Maynard ("Maynard"), and Steven Smith ("Smith") (collectively, the "Defendants"). See Opinion and Order ("Initial Order") (Dkt. No. 51). Plaintiffs sought $375,456.73 in damages, which was comprised of unpaid fringe benefit contributions, interest, attorney's fees, and court costs. In its Initial Order, the Court granted Plaintiffs $122,574.05 in unpaid fringe benefits, $41,661.40 in interest, $3,260.00 in attorney's fees, and $480.00 in court costs for a total of $167,975.45. As to the damages the Court did not award, it denied Plaintiffs' application without prejudice to renewal on a more developed record. On October 14, 2015, Plaintiffs made a further submission to justify the additional damages. They now seek an additional $158,471.94 in unpaid fringe benefits and $43,473.63 in interest. For the reasons set forth below, the Court grants Plaintiffs' renewed application.
The Court assumes the parties' familiarity with the facts and procedural history of this case, which the Court detailed at length in its Initial Order granting Plaintiffs' motion for default judgment and granting in part their request for damages. See Initial Order at 1-5. Therefore, the Court will only summarize its Initial Order, and then discuss Plaintiffs' renewed application.
In their initial application, Plaintiffs identified eight discrete categories of unpaid fringe benefit contributions: 1) for Christian Torres from 09/05/12 to 04/03/13 in the amount of $26,691.32; 2) for Daniel Martin from 10/17/12 to 04/24/13 in the amount of $1,611.41; 3) for Thalmus Hogue from 01/23/13 to 09/11/13 in the amount of $3,588.92; 4) for William Slater from 03/28/13 to 09/11/13 in the amount of $16,894.01; 5) for multiple employees from 11/07/12 to 05/29/13 in the amount of $107,795.82; 6) for William Slater from 10/10/13 to 01/15/14 in the amount of $6,479.00; 7) for a group entitled "PROD-HDLRS" from 01/14 to 02/14 in the amount of $1,743.00; and 8) for other employees not otherwise identified from 01/09 to 12/12 in the amount of $120,962.64. These unpaid contributions amounted to $285,766.12.
Of these eight categories of damages, the Court granted Plaintiffs' request only as to two of them. Specifically, the Court granted $1,611.41 in unpaid contributions for Martin and $120,962.64 in unpaid contributions for multiple employees during the period between January 2009 and December 2012. Id. at 15, 19. As to the other categories, the Court concluded there was insufficient evidence to award the damages sought. Accordingly, applying an interest rate of 15.25% to the awarded amount over the time period at issue, the Court granted Plaintiffs $41,661.40 in interest. Id. at 20-21. Additionally, the Court granted Plaintiffs $3,260.00 in attorney's fees and $480.00 in court costs. Id. at 21-23.
"It is well-settled in this Circuit that even after a default judgment is entered against defendants, `the allegations in the complaint with respect to the amount of the damages are not deemed true.'" Laboratorios Rivas, SRL v. Ugly & Beauty, Inc., No. 11-CV-5980 (RA) (JLC), 2013 WL 5977440, at *5 (S.D.N.Y. Nov. 12, 2013) (quoting Gutman v. Klein, No. 03-CV-1570 (BMC) (RML), 2010 WL 4916722, at *6 (E.D.N.Y. Nov. 24, 2010)); see Bricklayers & Allied Craftworkers Local 2, Albany, N. Y. Pension Fund v. Moulton Masonry & Constr., LLC, 779 F.3d 182, 188 (2d Cir. 2015). Plaintiffs must still establish their entitlement to recovery and thus must substantiate their claims with evidence to prove the extent of their damages. See Bricklayers & Allied Craftworkers, 779 F.3d at 189 (quoting Greyhound Exhibitgroup, Inc. v. E.L. UL. Realty Corp., 973 F.2d 155, 158 (2d Cir. 1992)).
Although the Court may hold a hearing to assess those damages, a hearing is not required where a sufficient basis on which to make a calculation exists. See Fed. R. Civ. P. 55(b)(2); see also Mori v. Saito, No. 10-CV-6465 (KBF), 2014 WL 3812326, at *1 (S.D.N.Y. Aug. 1, 2014) (citing Action S.A. v. Marc Rich & Co., Inc., 951 F.2d 504, 508 (2d Cir. 1991)). Indeed, the Second Circuit has approved the holding of an inquest by affidavit, without an in-person court hearing, as long the Court ensures that there was a basis for the damages specified in the default judgment. See, e.g., Cement & Concrete Workers Dist. Council Welfare Fund, Pension Fund, Annuity Fund, Educ. & Training Fund & Other Funds v. Metro Found. Contractors, Inc., 699 F.3d 230, 234 (2d Cir. 2012) (citing Action S.A, 951 F.2d at 508). Courts "have interpreted this to mean that, even when the defendant defaults and is not present to object, damages must be based on admissible evidence." House v. Kent Worldwide Mach. Works, Inc., 359 F. App'x 206, 207 (2d Cir. 2010) (summary order) (citations omitted).
On October 14, 2015, Plaintiffs renewed their application for damages.
Plaintiffs seek unpaid fringe benefit contributions for Christian Torres from September 5, 2012 to April 3, 2013 in the amount of $26,691.32.
Plaintiffs seek unpaid fringe benefit contributions for Thalmus Hogue from January 23, 2013 to September 25, 2013 in the amount of $3,588.92.
Plaintiffs seek unpaid fringe benefit contributions for William Slater from March 28, 2013 to September 11, 2013 in the amount of $16,894.01.
Plaintiffs seek unpaid fringe benefits contributions for multiple employees for the period of November 7, 2012 to May 29, 2013 in the amount of $107,795.82. Henke Aff. at ¶ 4.e.
Plaintiffs seek additional unpaid fringe benefit contributions for William Slater from November 28, 2013 to January 15, 2014 in the amount of $3,501.87.
The Court concludes that Plaintiffs are entitled to damages for unpaid fringe benefit contributions in the amount of $158,471.94. This amount is in addition to the $122,574.05 of unpaid fringe benefit contributions that the Court awarded Plaintiffs in its Initial Order. Initial Order at 19. Therefore, in total, Plaintiffs are awarded $281,045.99 in unpaid fringe benefit contributions.
Under the Employee Retirement Income Security Act of 1974 ("ERISA"), Plaintiffs are also entitled to interest on unpaid fringe benefit contributions. See 29 U.S.C. § 1132(g)(2)(E) (stating that interest should be determined using the rate provided under the plan). Pursuant to the most recent CEA, "[a]ll delinquent contributions shall bear interest of the prime rate plus twelve percent (12%) with a minimum of fifteen percent (15%) per year." Henke Initial Affirmation ("Henke Initial Aff."), Ex. A at 36-37 (Dkt. No. 50-1). Earlier versions of the CEA subjected delinquent contributions to a higher interest rate of 24% per year. See id. at 6, 17, 27. In calculating the interest they are seeking, Plaintiffs used an interest rate of 15.25% for all years (12% plus prime rate of 3.25%). Henke Aff. at ¶ 5. Plaintiffs recognize that they are entitled to a higher interest rate during earlier periods, but, nonetheless, only seek this 15.25% rate for all years. Henke Initial Aff. at ¶ 19.
Applying this 15.25% rate to the additional damages the Court is awarding, Plaintiffs are entitled to interest in the amount of $43,473.63. Henke Aff. Ex. A at 2. This amount is in addition to the $41,661.40 in interest that the Court awarded Plaintiffs in its Initial Order. Initial Order at 20. Therefore, in total, Plaintiffs are awarded $85,135.03 in interest.
For the foregoing reasons, the Court awards Plaintiffs $158,471.94 in unpaid fringe benefit contributions and $43,473.63 in interest. These amounts are in addition to the damages the Court awarded in its Initial Order. Therefore, in total, Defendants owe $281,045.99 in unpaid fringe benefit contributions, $85,135.03 in interest, $3,260.00 in attorney's fees, and $480.00 in court costs. Accordingly, the Clerk of Court is respectfully directed to enter judgment against Defendants and in favor of Plaintiffs in the amount of $369,921.02, for which Defendants are jointly and severally liable due to their violations of Sections 515, 404(a), and 406(a) of ERISA. See Initial Order at 9-13. The Clerk of Court is also directed to close the case.