Upstate New York Engineers Health Fund et al v. Oneidaview Pile Driving, Inc. et al
| Upstate New York Engineers Health Fund, Upstate New York Engineers Pension Fund, Upstate New York Engineers S.U.B. Fund, Upstate New York Engineers Training Fund, Local 106 Training and Apprenticeship Fund, Central Pension Fund of the International Union of Operating Engineers and Participating Employers and Upstate New York Operating Engineers Local 158 |
| Oneidaview Pile Driving, Inc. and Kimberly A. Stanfield |
| 5:2015cv00512 |
| April 28, 2015 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Onondaga |
| Therese Wiley Dancks |
| Lawrence E. Kahn |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1104 |
| None |
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Filing
22
DECISION AND ORDERED, that Plaintiffs Motion for Default Judgment (Dkt. No. 17) is GRANTED; and it is further ORDERED, that Plaintiffs are awarded $59,936.77 plus post-judgment interest at the rate pursuant to 28 U.S.C. § 1961 against defen dant Oneidaview Pile Driving, Inc., consisting of: (1) $15,886.92 in unpaid contributions and deductions, (2) $17,308.19 in interest, (3) $16,836.46 in liquidated damages, and (4) $5,932.20 in attorneys fees and costs; and it is f urther ORDERED, that of the $59,936.77 award against Oneidaview, Stanfield is jointly and severally liable for $25,106.92 plus post-judgment interest at the rate pursuant to 28 U.S.C. § 1961, consisting of: (1) $14,811.96 in unpaid contributions, (2) $4,362.76 in prejudgment interest, and (3) $5,932.20 in attorneys fees and costs. Signed by Senior Judge Lawrence E. Kahn on January 30, 2017. (sas)
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Filing
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DECISION and ORDERED, that Plaintiffs Motion for Default Judgment (Dkt. No. 17) is DENIED with leave to refile; and it is further ORDERED, that if Plaintiffs fail to file a revised motion for default judgment within sixty (60) days of this Decision and Order, then this action shall, without further order of the Court, be dismissed without prejudice. Signed by Senior Judge Lawrence E. Kahn on September 23, 2016. (sas)
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