Board of Trustees of United Union of Roofers, Waterproofers & Allied Workers Local Union No. 8 Annuity, Pension, Summer Benefit, Winter Benefit and Welfare Funds v. J. Murphy Roofing & Sheet Metal, Inc. et al

Justia Dockets & Filings Second Circuit New York Eastern District Board of Trustees of United Union of Roofers, Waterproofers & Allied Workers Local Union No. 8 Annuity, Pension, Summer Benefit, Winter Benefit and Welfare Funds v. J. Murphy Roofing & Sheet Metal, Inc. et al

Plaintiff:	Board of Trustees of United Union of Roofers, Waterproofers & Allied Workers Local Union No. 8 Annuity, Pension, Summer Benefit, Winter Benefit and Welfare Funds
Defendant:	J. Murphy Roofing & Sheet Metal, Inc. and Thomas J. Murphy
Case Number:	1:2013cv03807
Filed:	July 9, 2013
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:	28 U.S.C. § 1331 Fed. Question
Jury Demanded By:	None

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Date Filed	Document Text
September 18, 2015	Filing 13 ORDER ADOPTING REPORT AND RECOMMENDATIONS. Upon a careful review of the record and Judge Blooms well-reasoned and precisely calculated Report and Recommendation, the court finds no clear error and hereby affirms and adopts the Report and Recommendati on in its entirety as the opinion of the court. Accordingly, judgment should be entered against defendant J. Murphy Roofing & Sheet Metal, Inc. as follows:(1)$516,618.64 in unpaid benefit contributions;(2)$61,994.24 in interest;(3)$10 3,323.73 in liquidated damages;(4)$2,140.00 in attorneys fees; and(6)$400 in costs.Additionally, for the reasons set forth in Judge Blooms Report and Recommendation, motion for default judgment against defendant Thomas J. Murphy is denied.P laintiffs counsel is ordered to serve a copy of this order upon all defendants at their last known address and file proof of service by September 22, 2015. The Clerk of the Court is respectfully requested to enter judgment against employer J. Murphy Roofing and Sheet Metal, Inc. in accordance with this order. The plaintiff shall advise the court no later than September 30, 2015 by status letter filed on ECF as to how it intends to proceed with its claims against defendant Thomas J. Murphy. In light of plaintiffs history of failure to comply with court orders, they are notified that failure to comply with this courts orders to serve defendants by September 22, 2015 and for a status letter by September 30, 2015 will result in sanctions, including but not limited to monetary sanctions and dismissal. Ordered by Judge Kiyo A. Matsumoto on 9/18/2015. (Gong, LiJia)

Date Filed

Document Text

September 18, 2015

Filing 13 ORDER ADOPTING REPORT AND RECOMMENDATIONS. Upon a careful review of the record and Judge Blooms well-reasoned and precisely calculated Report and Recommendation, the court finds no clear error and hereby affirms and adopts the Report and Recommendati on in its entirety as the opinion of the court. Accordingly, judgment should be entered against defendant J. Murphy Roofing & Sheet Metal, Inc. as follows:(1)$516,618.64 in unpaid benefit contributions;(2)$61,994.24 in interest;(3)$10 3,323.73 in liquidated damages;(4)$2,140.00 in attorneys fees; and(6)$400 in costs.Additionally, for the reasons set forth in Judge Blooms Report and Recommendation, motion for default judgment against defendant Thomas J. Murphy is denied.P laintiffs counsel is ordered to serve a copy of this order upon all defendants at their last known address and file proof of service by September 22, 2015. The Clerk of the Court is respectfully requested to enter judgment against employer J. Murphy Roofing and Sheet Metal, Inc. in accordance with this order. The plaintiff shall advise the court no later than September 30, 2015 by status letter filed on ECF as to how it intends to proceed with its claims against defendant Thomas J. Murphy. In light of plaintiffs history of failure to comply with court orders, they are notified that failure to comply with this courts orders to serve defendants by September 22, 2015 and for a status letter by September 30, 2015 will result in sanctions, including but not limited to monetary sanctions and dismissal. Ordered by Judge Kiyo A. Matsumoto on 9/18/2015. (Gong, LiJia)

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Plaintiff: Board of Trustees of United Union of Roofers, Waterproofers & Allied Workers Local Union No. 8 Annuity, Pension, Summer Benefit, Winter Benefit and Welfare Funds
Represented By:	Sylvie Straus-Figueroa
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Defendant: J. Murphy Roofing & Sheet Metal, Inc.
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Defendant: Thomas J. Murphy
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