Bricklayers & Allied Craftworkers v. Moulton Masonry & Constr., LLC, No. 14-295 (2d Cir. 2015)
Annotate this CaseMoulton, LLC entered a collective bargaining agreement (CBA) with the Union that required the company to contribute to Union funds; to remit deductions from paychecks to those funds; and to submit to an audit upon request. Duane Moulton, as Moulton’s owner, officer, and shareholder, signed the CBA, reported hours worked by union members, and communicated with the auditor. In 2012, the funds initiated an audit. Moulton failed to comply. The funds granted an extension of time to file an answer, but neither Moulton nor the corporation filed a responsive pleading. The funds requested a default and served a copy of that request on the defendants. The district court clerk entered the default. Though the defendants continued to ignore the judicial proceedings, Moulton did begin to work with the auditor and responded to some communications. The auditor issued his final report concluding that the corporation owed the funds $451,300.52. Weeks later, the funds moved for default judgment. The district court declined to vacate the initial entry of default and granted default judgment, awarding $451,300.52 in fringe benefit contributions and deductions, $104,628.81 in interest, $99,203.93 in liquidated damages, and $7,001.95 in attorney’s fees and costs. The Second Circuit affirmed as to the corporation defendant, but remanded as to Moulton because the district court erred in calculating the damages entered against him.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.