| Default
Judgment Denied to 32BJ Too Much Focus On
Legal Fees Not Need For Stay
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Nov 12 – 32BJ union sued
Emerald Green Building
Services, LLC for failure to
pay into its ERISA fund and
sought a default
judgment.
On November
12 U.S. District Court for the
Southern District of New York
Judge Mary Kay Vyskocil held a
proceeding. Inner City Press
covered it.
Judge
Vyskocil as she often does
looked closely at issues of
service of process.
She denied the
motion for default judgment on
that basis, and also ordered
that any renewed motion must
explain why 32BJ believes it
is entitled to injunctive
relief (and not, she said,
spend so much time and space
on its entitlement to
attorneys fees) and must
address the assertion that the
union agreed to waive
Defendant's benefit fund
payments pending resolution of
an NLRB action.
The case is
Building Service 32BJ Health
Fund et al v. Emerald Green
Building Services, LLC,
20-cv-6204 (Vyskocil)
***
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