Gesualdi et al v. North Star Concrete, Inc.
| Louis Bisignano, Thomas F. Corbett, Anthony D'Aquila, Joseph A. Ferrara, Sr., Frank H. Finkel, Thomas Gesualdi, Marc Herbst, Michael O'Toole, Denise Richardson and Benny Umbra |
| North Star Concrete, Inc. |
| 2:2014cv04430 |
| July 23, 2014 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Gary R. Brown |
| Sandra J. Feuerstein |
| 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
67
ORDER - Upon review, the Court is satisfied that the Report is not facially erroneous. Therefore, Magistrate Judge Shields' Report is adopted in its entirety; and Plaintiffs' motion for summary judgment is granted in party and denied in par t. Specifically, Plaintiffs' motion is: (i) granted with respect to the Funds' July 2011 Claim; (ii) denied with respect to the Funds' 2012 Audit Claim; and (iii) denied without prejudice with respect to the Funds' application for attorneys' fees and costs. SO Ordered by Judge Sandra J. Feuerstein on 1/24/2017. (Tirado, Chelsea)
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