La Barbera et al v. Frank J. Batchelder Transportation LLC
| Gary La Barbera and Frank Finkel |
| Frank J. Batchelder Transportation LLC |
| 1:2008cv03387 |
| August 19, 2008 |
| US District Court for the Eastern District of New York |
| Labor: E.R.I.S.A. Office |
| Kings |
| Joan M. Azrack |
| Sterling Johnson |
| None |
| Federal Question |
| 29:1132 E.R.I.S.A.-Employee Benefits |
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Filing
11
ORDER adopting Report and Recommendations as to 9 Report and Recommendations. Magistrate Judge Azrack's Report and Recommendation is hereby adopted in its entirety. Plaintiffs' motion for default is granted for a total amount $34,665.76 in damages. Plaintiffs' request for a permanent injunction is denied because Plaintiffs have not shown that their remedy at law is inadequate. SEE ATTACHED. Ordered by Senior Judge Sterling Johnson, Jr on 2/2/2009. (Salzman, Zoe)
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Filing
9
REPORT AND RECOMMENDATIONS re 4 MOTION for Default Judgment as to Defendant, Frank J. Batchelder Transporation LLC filed by Gary La Barbera, Frank Finkel: For the reasons discussed in the attached R&R, I respectfully recommend that plaintiffs' motion for default judgment against the defendant be granted and that plaintiffs be awarded $21,714.96 in unpaid contributions, $2,942.25 in interest, $6,951.28 in liquidated damages, $550.65 in costs, and $2,506.76 in attor neys' fees, for a total award of $34,665.76. Plaintiffs are hereby ordered to serve a copy of this report and recommendation on defendant and to promptly file proof of service by ECF. Objections to R&R due by 1/26/2009. See R&R for further details. SO ORDERED by Magistrate Judge Joan M. Azrack on 1/8/09. (Bhatt, Tina)
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