Ferrara et al v. Oakfield Leasing Inc. et al
| Louis Bisignano, Thomas F. Corbett, Anthony D'Aquila, Joseph A. Ferrara, Sr., Frank H. Finkel, Thomas Gesualdi, Marc Herbst, Dominick Marrocco, Anthony Pirozzi and Denise Richardson |
| Michael Babino, Phyllis Babino, Coral Industries Inc. and Oakfield Leasing Inc. |
| 2:2011cv00408 |
| January 27, 2011 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Arthur D. Spatt |
| 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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| Document Text |
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Filing
77
MEMORANDUM OF DECISION AND ORDER - The Plaintiffs are directed to inform the Court by April 26, 2013 as to why there is a discrepancy in their requested interest amount for Audit #12-0882, as well as why they requested a doubled per diem interest rate. Ordered by Judge Arthur D. Spatt on 3/23/13. (Coleman, Laurie)
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Filing
74
MEMORANDUM OF DECISION AND ORDER - It is hereby ORDERED that the Plaintiffs motion for summary judgment as to liability is granted, so that Oakfield, Coral, and Michael Jr. are jointly and severally liable for the delinquent contributions of Oakfield s and Corals employees; and it is further ORDERED that the Plaintiffs are entitled to damages from the Defendants jointly and severally, in the amounts of $598,016.60, consisting of: (1) all contributions owed based on work performed by Oakfiel d drivers, totaling $336,751.49; (2) interest totaling $78,600.14, plus per diem interest at the rate of $166.07; (3) liquidated damages totaling $78,600.14, plus per diem interest at the rate of $166.07; and (4) audit costs of $3,160.00; and it is further ORDERED that the Plaintiffs are directed to file a proposed order for attorneys fees, reflecting the above stated hourly rates, on or before December 7, 2012; and it is further ORDERED that the Plaintiffs request for delinquent contributions, interest, and liquidated damages in connection with Corals employees is denied without prejudice. The Plaintiffs may renew their request for these damages on or before December 7, 2012. The Defendants may oppose this request on or before December 23, 2012. The Plaintiffs may submit a reply on or before January 7, 2012. Ordered by Judge Arthur D. Spatt on 11/9/2012. (Coleman, Laurie)
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