UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

 

BRICKLAYERS AND ALLIED CRAFTWORKERS : CIVIL ACTION 

LOCAL 1 OF PA/DE et al. : 

 : NO. 02CV-4079 

 Plaintiffs, : 

 v. : 

 : 

MASTRO MASONRY CONTRACTORS et al. : 

 : 

 Defendants : 

 :

ORDER 

Upon Motion made and good cause having been shown, it is ORDERED that judgment is 

entered in favor of the Plaintiffs and against Defendants, Mastro Masonry Contractors and 

Joseph Russo, jointly and severally, in the amount of one hundred sixty four thousand eight 

hundred five dollars and two cents ($164,805.02) plus interest at the legal rate. 

It is further ORDERED AND DECREED that Mastro Masonry Contractors and Joseph 

Russo shall continue to remit contractually mandated benefit fund contributions and reports, all 

previously unremitted contributions and reports, and immediately permit an authorized 

representative of Plaintiffs access to its company books and payroll records for purposes of 

determining what additional sums are due and owing Plaintiffs as unpaid benefit fund 

contributions, interest, liquidated damages and costs. 

It is further ORDERED that upon application by the Plaintiffs, the Court shall enter an 

Order for such additional relief as determined by the aforesaid books and payroll records audit. 

 BY THE COURT, 

 

 JAMES KNOLL GARDNER, U.S.D.J. 

DATED: ____________ 

Case 2:02-cv-04079-JKG Document 22 Filed 10/16/2003 Page 1 of 8
MERANZE AND KATZ, P.C. 

BY: Michael N. Katz, Esquire (ID# 27857) 

 Claiborne S. Newlin, Esquire (ID# 84371) 

Lewis Tower Building, 12th Floor 

225 S. 15th Street 

Philadelphia, PA 19102 

Tel.: (215) 546-4183 

Fax: (215) 790-1382 

UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

BRICKLAYERS AND ALLIED CRAFTWORKERS : CIVIL ACTION 

LOCAL 1 OF PA/DE et al. : 

 : NO. 02CV-4079 

 Plaintiffs, : 

 v. : 

 : 

MASTRO MASONRY CONTRACTORS et al. : 

 : 

 Defendants : 

 :

AMENDED MOTION FOR DEFAULT JUDGMENT 

Plaintiffs file this Amended Motion For Default under Rule 55(b) of the Federal Rules of 

Civil Procedure to update the prior default motion filed September 4, 2002 by calculating interest 

and attorney’s fees through October 15, 2003 and to add a claim for union dues deducted by 

Defendants but not turned over to the Plaintiff union. Plaintiffs move this Honorable Court to 

enter default judgment against Mastro Masonry Contractors and Joseph Russo, jointly and 

severally, and award the following relief: 

A. Judgment in the amount of one hundred sixty four thousand eight hundred five 

dollars and two cents ($164,805.02) for the months August 2001 through March 2002 consisting 

of: 

(i) One hundred nine thousand three hundred twenty one dollars and thirty two cents 

($109,321.32) in estimated unpaid contributions collectible under Section 

502(g)(2)(A) of ERISA; 

Case 2:02-cv-04079-JKG Document 22 Filed 10/16/2003 Page 2 of 8
(ii) Twenty one thousand seven hundred five dollars and fifty four cents ($21,705.54) 

representing interest of 1% per month on estimated unpaid contributions 

collectible under Section 502(g)(2)(B) of ERISA; 

(iii) Ten thousand nine hundred thirty two dollars and thirteen cents ($10,932.13) 

representing liquidated damages on estimated unpaid contributions receivable 

under Section 502 (g)(2)(C); 

(iv) One thousand three hundred forty seven dollars and fifty three cents ($1,347.53) 

representing interest of 1% per month on late contributions collectible under 

Section 301 of the NLRA; 

(v) One thousand six hundred seventy seven dollars and thirty two cents ($1,677.32) 

representing liquidated damages on estimated unpaid contributions receivable 

under Section 301 of the NLRA; 

(vi) Twelve thousand five hundred thirty four dollars and fifty one cents ($12,534.51) 

in unpaid dues deducted collectible under Section 301 of the NLRA; 

(vii) Four thousand five hundred eighty six dollars and sixty seven cents ($2,486.67) in 

interest on unpaid dues deducted collectible under Section 301 of the NLRA; and 

(viii) Two thousand seven hundred seventy five dollars ($4,575.00) in attorney’s fees 

plus seventy-five dollars ($75.00) for service of the summons plus one hundred 

fifty ($150.00) dollars in filing costs pursuant to Section 502(g)(2)(D) of ERISA; 

and 

B. Entry of an order compelling defendants to permit an authorized representative of

Plaintiffs access to the Defendants' books and payroll records for purposes of determining

amounts due for April and May 2002 plus interest and liquidated damages and if any additional 

unpaid benefit fund contributions, plus interest, liquidated damages and costs, are due and owing

to the Plaintiffs under Section 502(g)(2)(E) of ERISA. 

In support, Plaintiffs rely on the attached Certification of Counsel. 

2 

Case 2:02-cv-04079-JKG Document 22 Filed 10/16/2003 Page 3 of 8
 MERANZE AND KATZ P.C.

 

 CLAIBORNE S. NEWLIN

 Attorney for Plaintiffs 

Dated: October 16, 2003 

3 

Case 2:02-cv-04079-JKG Document 22 Filed 10/16/2003 Page 4 of 8
MERANZE AND KATZ, P.C.

BY: Michael N. Katz, Esquire (ID# 27857) 

Claiborne S. Newlin, Esquire (ID# 84371) 

Lewis Tower Building, 12th Floor 

225 S. 15th Street 

Philadelphia, PA 19102 

Tel.: (215) 546-4183 

Fax: (215) 790-1382 

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

 

BRICKLAYERS AND ALLIED CRAFTWORKERS : CIVIL ACTION 

LOCAL 1 OF PA/DE et al. : 

 : NO. 02CV-4079 

 Plaintiffs, : 

 v. :

 :

MASTRO MASONRY CONTRACTORS et al. : 

 :

 :

 Defendants : 

 :

AMENDED CERTIFICATION OF COUNSEL

1. Plaintiffs filed a complaint in this matter on June 26, 2002 to recover estimated 

unpaid employee benefit fund contributions, interest and liquidated damages from the defendants 

and to compel an audit of defendants’ payroll records to determine the actual amount of the 

contribution delinquencies to the plaintiff Funds. 

2. Defendants Mastro Masonry Contractors and Joseph Russo were served with a 

Summons and Complaint on July 29, 2002. 

3. More than twenty (20) days have elapsed since the date on which Defendants 

were served with the summons and complaint. 

4. Defendants have failed to respond to the complaint within the time prescribed by

Rule 12(a) of the Federal Rules of Civil Procedure. 

5. Defendants repeatedly failed to make timely payments to the Bricklayers and 

Allied Craftworkers Local 1 of PA/DE Fringe Benefit Funds for the months of August 2001 

through January 2002 and have failed to and refused to remit employer contributions for the 

period December 2001 through March 2002. Copies of defendants’ signed and submitted 

1 

Case 2:02-cv-04079-JKG Document 22 Filed 10/16/2003 Page 5 of 8
contribution reports and certified payroll reports, which formed the basis for Plaintiffs’ 

calculations of principal contributions, interest and liquidated damages due were attached to 

Plaintiffs’ original Certification of Counsel as Exhibit “A”. 

6. Plaintiffs have calculated the estimated delinquent contributions based on all 

employees reported to have performed work for which benefits must be paid plus those known to 

be members of Bricklayers and Allied Craftworkers Local 1 of PA/DE who are listed on the

certified payroll. A spreadsheet showing the calculations, with interest calculated as of October

15, 2003 is attached as Exhibit “A.” 

7. Estimated delinquent contributions for the period December 2001 through March 

2002 amount to $109,321.32 

8. Interest on estimated delinquent contributions for the period December 2001 

through March 2002, calculated at a rate of twelve percent (12%) annually, as of October 15, 

2003 amounts to $21,705.54 

9. Liquidated damages in the amount of ten (10) percent on delinquent contributions 

amount to $10,932.13. 

8. Interest on late contributions for the period August 2001 through January 2002 

calculated at a rate of twelve percent (12%) annually, amounts to $1,347.53. A spreadsheet 

showing the calculations of interest and liquidated damages on late contributions is attached as 

Exhibit “B.” 

9. Liquidated damages on late contributions for the period August 2001 through 

January 2002 calculated at the rate ten (10) percent amount to $1,677.32. 

10. Defendants Mastro Masory Contractors and Joseph Russo made dues deductions 

from the paychecks of their employees under the parties’ collective bargaining agreement. The 

agreement called for the deducted amounts to be turned over to Plaintiff union monthly.

11. Defendants did not turn over the deducted dues amounts. 

12. Based on certified payroll reports, Mastro deducted $12,534.51 in dues from 

covered employees during the period December 2001 through March 2002. A spreadsheet 

2 

Case 2:02-cv-04079-JKG Document 22 Filed 10/16/2003 Page 6 of 8
showing the calculations, with interest calculated as of October 15, 2003, is attached as Exhibit 

“C.” 

13. Interest on the deducted dues, calculated at a rate of twelve percent (12% 

annually, amounts to $2,486.67. 

14. Because Mastro Masonry Contractors and Joseph Russo have continually refused 

to file timely contribution reports, Plaintiffs believe that Mastro Masonry Contractors, and 

Joseph Russo may in fact owe additional contributions to plaintiff Funds beyond those delineated 

above. Accordingly, Plaintiffs request the opportunity to conduct an audit of Mastro Masonry

Contractors and Joseph Russo’s books to determine both the amounts due for April 2002 and 

May 2002 and also to determine whether any additional contribution delinquencies exist for the 

period August 2001 through March 2002. 

15. Counsel for Plaintiff, Claiborne S. Newlin, has spent a total of 30.5 hours in 

connection with this matter, including telephone conversations, legal research, and the drafting

of the Complaint and instant pleadings. A detailed listing of all time expended in this matter,

with the exception of the 3.0 hours spent drafting the original default motion and 15.0 hours in 

preparing documents and materials for the Court hearing scheduled October 20, 2003, was 

attached to Plaintiffs original default motion as Exhibit “C”.

16. The usual and customary fee for such services rendered is $150.00 per hour and 

accordingly, the attorney's fees for Claiborne S. Newlin are $4,575.00. 

17. Plaintiffs have expended a total of two hundred ($225) dollars for the filing and 

service of the complaint, as evidenced by the invoices and receipts attached to Plaintiff’s original 

default motion as Exhibit “D”. 

18. Accordingly, plaintiffs request that this Honorable Court grant judgment against 

Mastro Masonry Contractors and Joseph Russo, jointly and severally, and in favor of the 

plaintiffs in the amount of $164,805.02. 

 Respectfully submitted, 

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Case 2:02-cv-04079-JKG Document 22 Filed 10/16/2003 Page 7 of 8
 MERANZE AND KATZ P.C.

 CLAIBORNE S. NEWLIN

 Attorney for Plaintiffs 

Dated: October 16, 2003 

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Case 2:02-cv-04079-JKG Document 22 Filed 10/16/2003 Page 8 of 8