Gesualdi et al v. Interstate Masonary Corp. et al
| Thomas Gesualdi and Frank Finkel |
| Janine Frantellizzi and Interstate Masonary Corp. |
| 1:2011cv00958 |
| February 28, 2011 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Cheryl L. Pollak |
| Allyne R. Ross |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits |
| None |
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Filing
24
OPINION & ORDER ADOPTING REPORT AND RECOMMENDATION: On 11/16/2011, Magistrate Judge Pollak issued a 23 Report and Recommendation ("R&R") recommending that plaintiffs' 8 motion for a default judgment be granted. The Court adopts the R&R as the opinion of the Court, pursuant to 28 U.S.C. § 636(b)(1). Plaintiffs are hereby entitled to a total of $ 74,091.35 in damages from defendant Interstate as follows: (1) $ 48,706.78 in delinquent contributions; ( 2) $ 7,509.72 in interest on the untimely paid contributions; (3) $ 11,294.75 in liquidated damages; and (4) $ 6,580.10 in attorney's fees and costs. Frantellizzi is jointly and severally liable for $ 3,592.24 of the damag es assessed for delinquent contributions. In addition, plaintiffs are awarded any additional interest, to be paid at a rate of $ 23.81 per day, accruing from 1/5/2012, through the date on which judgment is entered. SO ORDERED by Senior Judge Allyne R. Ross, on 1/4/2012. C/mailed by Chambers. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa)
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