Trustees of the Local 522 Pension Fund et al v. Triboro Bar & Restaurant Supply Co., Inc.

Justia Dockets & Filings Second Circuit New York Eastern District Trustees of the Local 522 Pension Fund et al v. Triboro Bar & Restaurant Supply Co., Inc.

Trustees of the Local 522 Pension Fund et al v. Triboro Bar & Restaurant Supply Co., Inc.

Plaintiff:	Trustees of the Local 522 Pension Fund and Trustees of the Local 522 Welfare Fund of New York and New Jersey
Defendant:	Triboro Bar & Restaurant Supply Co., Inc.
Case Number:	1:2012cv00163
Filed:	January 13, 2012
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Lois Bloom
Presiding Judge:	Kiyo A. Matsumoto
Nature of Suit:	Labor: E.R.I.S.A.
Cause of Action:	29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By:	None

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Date Filed	Document Text
January 14, 2014	Filing 16 ORDER ADOPTING REPORT AND RECOMMENDATIONS: For the reasons set forth in the enclosed Memorandum and Order, Magistrate Judge Bloom's thorough and well-reasoned R&R 15 is adopted as the opinion of the court. The court grants plaintiffs' am ended motion for default judgment 10 and orders default judgment to be entered against defendant for a total of $9,627.84, calculated as follows: $3,930.00 in unpaid contributions due to the Funds; $216.42 in interest on the unpaid c ontributions; an additional award of $216.42 pursuant to 29 U.S.C. § 1132(g)(2)(C); $4,875.00 in attorney's fees; and $390 in costs. Plaintiffs are directed to serve a copy of this Order on defendant at its last known addres s, and file proof of service on ECF no later than January 20, 2014. The Clerk of Court is respectfully requested to enter judgment in accordance with this Order and to close this case. Ordered by Judge Kiyo A. Matsumoto on 1/14/2014. (Tsai, Denise)
February 24, 2013	Filing 8 ORDER granting in part, denying without prejudice in part, and deferring ruling on in part 6 Plaintiffs' Motion for Default Judgment. For the reasons set forth in the attached Memorandum and Order, the court grants plaintiffs' motion for entry of default judgment against defendant as to liability, denies plaintiffs' application for damages without prejudice, and postpones consideration of plaintiff's request for attorney's fees and costs. Upon the submission of proper documentation, the court will conduct an inquest on plaintiffs' damages and determine the amount of reasonable attorney's fees and costs to which plaintiffs are entitled. Plaintiffs are directed to serve a copy of this Memorandum and Order on defendant and file a declaration of service via ECF by February 27, 2013. Ordered by Judge Kiyo A. Matsumoto on 2/24/2013. (Tolentino, Raymond)

Date Filed

Document Text

January 14, 2014

Filing 16 ORDER ADOPTING REPORT AND RECOMMENDATIONS: For the reasons set forth in the enclosed Memorandum and Order, Magistrate Judge Bloom's thorough and well-reasoned R&R 15 is adopted as the opinion of the court. The court grants plaintiffs' am ended motion for default judgment 10 and orders default judgment to be entered against defendant for a total of $9,627.84, calculated as follows: $3,930.00 in unpaid contributions due to the Funds; $216.42 in interest on the unpaid c ontributions; an additional award of $216.42 pursuant to 29 U.S.C. § 1132(g)(2)(C); $4,875.00 in attorney's fees; and $390 in costs. Plaintiffs are directed to serve a copy of this Order on defendant at its last known addres s, and file proof of service on ECF no later than January 20, 2014. The Clerk of Court is respectfully requested to enter judgment in accordance with this Order and to close this case. Ordered by Judge Kiyo A. Matsumoto on 1/14/2014. (Tsai, Denise)

February 24, 2013

Filing 8 ORDER granting in part, denying without prejudice in part, and deferring ruling on in part 6 Plaintiffs' Motion for Default Judgment. For the reasons set forth in the attached Memorandum and Order, the court grants plaintiffs' motion for entry of default judgment against defendant as to liability, denies plaintiffs' application for damages without prejudice, and postpones consideration of plaintiff's request for attorney's fees and costs. Upon the submission of proper documentation, the court will conduct an inquest on plaintiffs' damages and determine the amount of reasonable attorney's fees and costs to which plaintiffs are entitled. Plaintiffs are directed to serve a copy of this Memorandum and Order on defendant and file a declaration of service via ECF by February 27, 2013. Ordered by Judge Kiyo A. Matsumoto on 2/24/2013. (Tolentino, Raymond)

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Plaintiff: Trustees of the Local 522 Pension Fund
Represented By:	David Patrick Ofenloch
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Plaintiff: Trustees of the Local 522 Welfare Fund of New York and New Jersey
Represented By:	David Patrick Ofenloch
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Defendant: Triboro Bar & Restaurant Supply Co., Inc.
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