Gesualdi et al v. Interstate Payroll Company, Inc.
| Louis Bisignano, Michael Bourgal, Thomas Corbett, Anthony D'Aquila, Joseph A. Ferrara, Sr., Frank H. Finkel, Thomas Gesualdi, Marc Herbst, Michael O'Toole and Denise Richardson |
| Interstate Payroll Company, Inc. |
| 2:2014cv06780 |
| November 18, 2014 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Steven I. Locke |
| Arthur D. Spatt |
| 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
88
MEMORANDUM OF DECISION & ORDER re 77 Motion for Partial Summary Judgment. For the reasons set forth above, the Plaintiffs' motion for summary judgment pursuant to Rule 56 is granted as to the first and second causes of action as to Interstate Payroll. The Plaintiffs are awarded the following sums: (a) $167,132.00 in withdrawal liability; (b) daily interest on the withdrawal liability at the rate of $82.42 per day from July 1, 2013 until the date of judgment; (c) daily liquidate d damages on the withdrawal liability at the rate of $82.42 per day from July 1, 2013 until the date of judgment; (d) $12,580.00 in unpaid contributions; (e) interest on the unpaid contribution of $25,101.84 in addition to $6.20 p er day from April 10, 2018 until the date of judgment; (f) liquidated damages on the unpaid contribution of $25,101.84 in addition to $6.20 per day from April 10, 2018 until the date of judgment; (g) $61,642.71 in attorneys fees and costs; and (h) $3,029.29 in audit costs and fees. SEE ATTACHED DECISION for details. It is So Ordered by Judge Arthur D. Spatt on 1/4/2019. (Coleman, Laurie)
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Filing
28
ORDER granting in part and denying in part 27 Motion to Compel. For the reasons set forth in the attached Order, Plaintiffs' unopposed motion to compel is granted in part and denied in part. Defendant is instructed to respond to the outstand ing discovery demands on or before 3/4/16. Deadline to complete discovery extended to 3/31/16; deadline to commence summary judgment motion practice extended to 4/30/16. The pretrial conference scheduled for 3/14/16 is adjourned to 4/18/16 at 10:30 a.m. in courtroom 820 of the Central Islip courthouse. See attached Order. Ordered by Magistrate Judge Steven I. Locke on 2/22/2016. (Walsh, Kenneth)
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