Gesualdi et al v. T & M Specialties LTD.
| Thomas Gesualdi, Louis Bisignano, Anthony Pirozzi, Dominick Marrocco, Frank Finkel, Joseph Ferrara, Marc Herbst, Thomas Piali and Denise Richardson |
| T & M Specialties LTD. |
| 1:2009cv00049 |
| January 7, 2009 |
| U.S. District Court for the Eastern District of New York |
| Labor: E.R.I.S.A. Office |
| Kings |
| Viktor V. Pohorelsky |
| Eric N. Vitaliano |
| None |
| Federal Question |
| 29:1001 E.R.I.S.A.: Employee Retirement |
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Filing
28
ORDER: After careful review of all the evidence in the record below, the Court finds Magistrate Judge Pohorelsky's R&R to be correct, comprehensive, well-reasoned, and free of any clear error. The Court, therefore, adopts the R&R in its entirety as the opinion of the Court. Accordingly, for the reasons stated in the R&R, plaintiffs are awarded $87,574.19 for unpaid benefit fund contributions, interest in the amount of $66,249.84, liquidated damages in the amount of $66,249.84, audit costs in the amount of $350.00, and attorney's fees and costs in the amount of $20,466.90, for a total of $240,890.97. Ordered by Judge Eric N. Vitaliano on 3/30/2011. (Fwd'd for judgment) (Brucella, Michelle)
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Filing
18
MEMORANDUM AND ORDER: The Court adopts Judge Pohorelsky's Report and Recommendation in its entirety as the opinion of the Court. For all the foregoing reasons, defendant's answer is stricken and a default judgment is entered against it. An inquest to determine relief will be held before Judge Pohorelsky, at a time to be set by him. Plaintiff is directed to serve a copy of this Memorandum and Order on defendant and to file an affidavit of its service. Ordered by Judge Eric N. Vitaliano on 1/15/2010. (Brucella, Michelle)
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