SARAH NETBURN, Magistrate Judge.
On March 31, 2017, the Court granted summary judgment to Plaintiff and found that Plaintiff was entitled to $799,129.54 under 29 U.S.C. § 1132(g)(2)(A). ECF No. 56. The Court also directed Plaintiff to submit a proposed final order of judgment, including the applicable statutory interest and liquidated damages, which it did on April 13, 2017. ECF No. 57-58. Plaintiff has also moved for attorneys' fees on April 26, 2017. ECF No. 60-61. Defendant Hughes Contracting Industries Ltd. has not opposed either the interest calculations or the attorneys' fees application. For the following reasons, Plaintiff's motion for mandatory statutory interest, liquidated damages, and attorneys' fees is GRANTED. A final judgment shall issue separately.
Section 502(g) of ERISA provides that upon finding a violation of section 515, "the court shall award the plan" the following:
29 U.S.C. § 1132 (g)(2)(B).
"The special remedy against employers who are delinquent in meeting their contractual obligations that is created by § 502(g)(2) includes a mandatory award of prejudgment interest plus liquidated damages in an amount at least equal to that interest, as well as attorney's fees and costs."
Under the Plaintiff's collection policy for delinquent contributions, the rate of interest charged on unpaid or late contributions was 6% per annum between January 1, 2009 and July 31, 2012, and 9% per annum effective August 1, 2012. ECF No. 58, Geffner Decl. at ¶ 7; ECF No. 58-4 at 6 (minutes from Fund's July 23, 2012 Executive Committee meeting adopting new collections policy).
In support of their interest calculations, Plaintiff has submitted summaries concerning the three audits at issue in this litigation. The audit covering the period January 1, 2009, through December 31, 2010, reports delinquent principal contributions of $200,872.00 and interest to date of $113,197.49. ECF No. 58, Geffner Decl. at ¶ 3, ECF No. 58-1. The audit covering the period January 1, 2011, through May 31, 2013, reports delinquent principal contributions of $248,400.54 and interest to date of $86,861.33. ECF No. 58, Geffner Decl. at ¶ 4, ECF No. 58-2. The audit covering the period June 1, 2013, to May 31, 2015, reports delinquent principal contributions of $364,185.00 and interest to date of $61,171.91. ECF No. 58, Geffner Decl. at ¶ 5, ECF No. 58-3. According to Plaintiff's calculations, the total amount of interest that they are entitled to is $261,230.73. ECF No. 58, Geffner Decl. at ¶ 6.
In light of the Defendant's failure to oppose the audit conclusions, the Court accepts the Plaintiff's calculations as reasonable.
Pursuant to 29 U.S.C. § 1132 (g)(2)(C), Plaintiff is additionally entitled to the greater of the interest calculated under § 1132 (g)(2)(B) or liquidated damages on the total amount of unpaid contributions in an amount not to exceed 20 percent. In this case, the amount of interest, $261,230.73, is greater than $159,825.90, 20 percent of the principal figure of $799,129.54. Accordingly, Plaintiff is entitled to an additional $261,230.73, for a total interest and liquidated damages figure of $522,461.46.
Plaintiff also seeks to recover attorneys' fees in the amount of $24,975.00 for 111 hours of work by Raab, Sturm, & Ganchrow associate Michael Geffner and costs in the amount of $859.03. A district court must award attorneys' fees and costs in a successful ERISA action that results in judgment in favor of the plan.
An attorney is entitled to a "presumptively reasonable fee" for work performed.
Raab, Sturm, & Ganchrow is a firm specializing in labor and employment law with a significant focus on ERISA litigation. Geffner Decl. ¶ 3, ECF No. 60. Geffner himself is an experienced associate who has been admitted to practice in the Southern District of New York since 1980, and seeks a "reduced rate of $225 per hour," which he represents is the rate that he bills Plaintiff.
The rate requested by Geffner is reasonable and is at or below the average awarded in ERISA cases in this and neighboring districts. In 2010, Raab, Sturm, & Ganchrow members Ira A. Strum and Ari Ganchrow were awarded $275 and $250 per hour, respectively, in a similar ERISA collection matter.
In terms of the hours spent on the case by Geffner, however, some reduction is warranted. Most of the time records submitted are in one-hour increments (or, in some cases, half-hour increments). Typically, in this District, lawyers bill their time in one-tenth of an hour (or 6 minute) increments. And there is a 19-hour chunk of block billing concerning research and drafting of a reply motion over multiple days. These deficiencies make it difficult to assess the reasonableness of the attorney's time. There is also a suggestion that the firm's attorneys were not encouraged to maintain contemporaneous records because the firm is unable to account for the time expended by an attorney who has since left.
At the same time, the overall quantum of hours sought is not altogether unreasonable. The case involved settlement discussions, document discovery, two days of depositions of defendant's president Anthony Russo, an amendment of the complaint, summary judgment briefing, and a motion to the bankruptcy court to lift the automatic stay to permit adjudication of these claims.
In recognition of the billing deficiencies but the overall reasonableness of the hours worked, the Court applies a five percent reduction to Geffner's hours and awards $23,726.25.
Furthermore, Plaintiff is entitled to recover the costs incurred in prosecuting this action.
The Court approves Plaintiff's request for an award of $261,230.73 in interest on the unpaid contributions pursuant to 29 U.S.C. § 1132(g)(2)(B), $261,230.73 in liquidated damages pursuant to 29 U.S.C. § 1132(g)(2)(C), and $24,585.28 in attorneys' fees and costs pursuant to 29 U.S.C. § 1132(g)(2)(D). A final judgment shall issue separately. The Clerk of Court is respectfully requested to close Dkt. No. 60.