BOILERMAKER-BLACKSMITH NATIONAL PENSION FUND, et al., Plaintiffs,
ALLIANCE CONSTRUCTORS, INC., Defendant.
MEMORANDUM AND ORDER
DAVID J. WAXSE, Magistrate Judge.
Pending before the Court is Plaintiffs' Brief for Attorney's Fees, Interest, Liquidated Damages, and Costs (ECF No. 29), wherein Plaintiffs apply for an award of pre-judgment interest, liquidated damages, attorney's fees, and costs. In response, Defendant has filed its Supplemental Brief in Connection with Pre-judgment and Post-judgment Relief (ECF No. 32). Upon review of the Briefs, the Court concludes that Plaintiffs are entitled to an award of pre-judgment interest in the amount of $46, 832.86, additional interest in the amount of $46, 832.86, reasonable attorney's fees in the amount of $16, 966.94, litigation costs in the amount of $671.76, and audit costs in the amount of $5, 844.28.
I. Factual Background
Several employee benefit plans and their fiduciaries brought this action pursuant to Sections 502 and 515 of the Employee Retirement Income Security Act of 1974 ("ERISA") to collect fringe benefit contributions from Defendant. On August 18, 2010, the Court entered its Memorandum and Order granting summary judgment in favor of Plaintiffs, holding that Plaintiffs were entitled to judgment against Defendant in the amount of $398, 189.68. The Court further ordered Plaintiffs to file a "supplemental brief regarding the interest rate they contend the Court should use in awarding interest under ERISA Section 502(g)(2)(B) and the amount of liquidated damages they claim they are entitled to receive under ERISA Section 502(g)(2)(C)." Defendant was granted ten days after the filing of Plaintiffs' supplemental brief to file its response. Plaintiffs were also ordered to file a motion to recover attorney's fees under ERISA Section 502(g)(2)(D) pursuant to the requirements set forth in D. Kan. Rule 54.2 regarding the recovery of statutory attorney's fees. Finally, the Court directed the parties to attempt to settle costs without further Court intervention.
II. Law as to Damages under Section 502(g)(2) of ERISA
The Court has entered judgment in favor of Plaintiffs for unpaid contributions pursuant to Sections 502 and 515 of ERISA. The remedies for an employer's breach of Section 515 are set forth in Section 502(g)(2) of ERISA, codified as 29 U.S.C. § 1132(g)(2), which provides that:
In any action under this title by a fiduciary for or on behalf of a plan to enforce section 515 in which a judgment in favor of the plan is awarded, the court shall award the plan-
(A) the unpaid contributions,
(B) interest on the unpaid contributions,
(C) an amount equal to the greater of-
(i) interest on the unpaid contributions, or
(ii) liquidated damages provided for under the plan in an amount not in excess of 20 percent (or such higher percentage as may be permitted under Federal or State law) of the amount determined by the court under subparagraph (A),
(D) reasonable attorney's fees and costs of the action, to be paid by ...