Bricklayers Insurance And Welfare Fund et al v. P.P.L. Construction Services Corp.
| Bricklayers Insurance And Welfare Fund, Bricklayers Local 1, International Union of Bricklayers and Allied Craft Workers, and Bricklayers Labor Management Relations Committee, Bricklayers Pension Fund, Bricklayers Supplemental Annuity Fund, Bricklayers and Trowel Trades International Pension Fund, International Masonry Institute, New York City and Long Island Joint Apprenticeship and Training Fund and Jeremiah Sullivan, Jr. |
| P.P.L. Construction Services Corp. |
| 1:2012cv03940 |
| August 8, 2012 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Dora Lizette Irizarry |
| Robert M. Levy |
| 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
55
ORDER ADOPTING REPORT AND RECOMMENDATIONS --- The Court has given due consideration to the thorough and well reasoned Report and Recommendations ("R & R") issued on January 12, 2017 by the Hon. Steven Tiscione and the objections made theret o. For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, the R & R is adopted in its entirety. Accordingly, plaintiffs' motion for default judgment against defendant is granted and judgment is awarded to Plaintiffs in the amo unt of $288,979.42, plus $71.44 per day from January 12, 2017 until the date judgment is entered. This payment consists of the following: (i) $130,386.48 in unpaid contributions; (ii) $79,121.47 in accrued interest as of the dat e of the R&R, plus $35.72 per day until the date judgment is entered; (iii) $79,121.47 in accrued interest as of the date of the R&R, plus $35.72 per day until the date judgment is entered, in lieu of liquidated damages; and (iv) $ ;350 in costs and disbursements. The Clerk of the Court is directed to enter judgment in favor of Plaintiffs in accord with the Memorandum and Order of this Court and R & R, and to close this case. SO ORDERED by Chief Judge Dora Lizette Irizarry on 3/23/2017. (Irizarry, Dora)
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Filing
29
ORDER granting 21 Motion for Contempt - For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, Plaintiffs' motion to hold Defendant in civil contempt of court and to impose sanctions for failure to comply with the directive s of the March 27th Order is granted. Defendant is directed to produce the requested records on or before May 2, 2016, and a fine of $250.00 will be imposed for each day that Defendant fails to produce all requested records to Plaintiffs' auditors. In light of this ruling, Plaintiffs' alternative motion to enter a default judgment against Defendant is denied, but without prejudice to renew should Defendant continue to defy this Courts Orders. SO ORDERED by Judge Dora Lizette Irizarry on 3/31/2016. (Irizarry, Dora)
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Filing
17
ORDER granting 16 Motion for Partial Summary Judgment - Plaintiffs' motion for partial summary judgment is granted. Plaintiffs are granted 60 days from the date of this Order to conduct an audit of the Defendant's books and records fo r the period of July 1, 2008 through to the present day. If necessary, within 30 days of the date the audit is completed, Plaintiffs may submit a letter to the Court requesting a trial date on the issue of damages, including any reasonable attorney& #039;s fees and costs. Defendant is admonished that failure to provide the appropriate books and records necessary to complete the audit or to otherwise fail to cooperate in the conducting of the audit, may result in a finding of contempt of this Court's Order and the imposition of sanctions. SO ORDERED by Judge Dora Lizette Irizarry on 3/27/2015. (Irizarry, Dora)
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