The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO et al v. Bar-Mac Construction, Inc.
Central Pension Fund of the International Union of Operating Engineers, International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO and The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO |
Bar-Mac Construction, Inc. |
1:2016cv01661 |
April 6, 2016 |
US District Court for the Eastern District of New York |
Brooklyn Office |
Peggy Kuo |
Eric N. Vitaliano |
Labor: E.R.I.S.A. |
29 U.S.C. ยง 1001 E.R.I.S.A.: Employee Retirement |
None |
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Filing 17 ORDER ADOPTING REPORT AND RECOMMENDATIONS, Since no objection has been filed by any party, and time to do so has passed, and after careful review of the record, the Court finds the R&R to be correct, well-reasoned, and free of any clear error. The C ourt, therefore, adopts the R&R as the opinion of the Court. Accordingly, the Clerk of Court is directed to enter default, pursuant to FRCP 55(b) in favor of the Operating Engineers, and directs deft Bar-Mac to produce books and records and otherwise cooperate in an audit for the time period from 9/11/14 through 3/31/16. As recommended by Magistrate Judge Kuo, pltffs are granted leave to seek an amended judgment if the audit reveals deficient contributions. Additionally, attorney's fees and costs in the amount of $3,165 are awarded to pltffs. The Clerk of Court is further directed to close this case for administrative purposes. (Ordered by Judge Eric N. Vitaliano on 4/12/2017) c/m Fwd. for Judgment. (Galeano, Sonia) |
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Defendant: Bar-Mac Construction, Inc. | |
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Plaintiff: Central Pension Fund of the International Union of Operating Engineers | |
Represented By: | James Michael Steinberg |
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Plaintiff: International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO | |
Represented By: | James Michael Steinberg |
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Plaintiff: The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO | |
Represented By: | James Michael Steinberg |
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