Duffy et al v. East Port Excavation & Utilities Contractors, Inc. et al
| William K. Duffy, Kenneth Huber, Phillip Capobianco, John Duffy, Paul O'Brien, Marc Herbst, James Haney, Jr., James Pratt, III, Scott Adrian, Robert Ahearn and Michael Fanning |
| East Port Excavation & Utilities Contractors, Inc., Eastport Manor Construction, Inc. and Steven Governale |
| 2:2007cv00217 |
| January 17, 2007 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Suffolk |
| Joanna Seybert |
| William D. Wall |
| 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
59
FINDINGS OF FACT AND CONCLUSIONS OF LAW. Plaintiffs have established that the defendants, and each of them, are liable, jointly and severally for contributions not made to plaintiffs for the period from June 1, 2000 to December 31, 2009. Plaintiffs a re directed to submit a purposed judgment, on notice, in accordance with this opinion indicating the amount of delinquent contributions, together with interest on those delinquencies as provided by law, along with any claim for liquidated damages. As to the latter two items, plaintiffs will set forth the statutory and/or decisional bases for the items sought and the precise methods used for the concomitant computation. With respect to Counsel fees, plaintiffs shall submit an affidavit on or befo re November 8, 2013 specifying by tasks and date the time spent prosecuting this action along with information supporting the hourly rate sought for those efforts. Should defendants oppose plaintiffs' fee application, their papers in opposition shall be filed by December 6, 2013. Reply papers, if any, shall be due by December 13, 2013. Ordered by Judge Denis R. Hurley on 9/19/2013. (Kaley, Regina)
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Filing
42
ORDER: Based on the changed circumstances, Plaintiffs' motion to strike the corporate defendants' Answers 33 is denied and the Court declines to adopt the Report 35 . See attached Order. Ordered by Judge Denis R. Hurley on 2/19/2010.
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Filing
35
REPORT AND RECOMMENDATIONS: Re 33 MOTION to Strike. See attached. The undersigned respectfully recommends that the district court strike East Port Excavation & Utilities Contractors, Inc. and Eastport Manor Construction, Inc.'s answers. Signed by Magistrate Judge Arlene R. Lindsay on 1/15/2010. (c/ecf) (Warshaw, Aaron) Modified docket text to link R & R to motion on 1/19/2010 (Mahon, Cinthia).
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