Morin et al v. Modern Continental Construction Co., Inc. et al
| Patrick Morin and Joseph Olivieri |
| Modern Continental Construction Co., Inc. and Modern Continental Construction Co. of New York, Inc. |
| 2:2007cv04815 |
| November 19, 2007 |
| U.S. District Court for the Eastern District of New York |
| Central Islip Office |
| Suffolk |
| Joseph F. Bianco |
| William D. Wall |
| 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
22
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 21 Report and Recommendations. It Is Hereby Ordered that a judgment by default is entered in favor of pltffs as against deft Modern Continental Construction Co. of New York, Inc., in the total amount o f $1,215,735.95 representing (1) delinquent contributions from January 1, 2002 to December 31, 2004, totaling $755,441.83, (2) $11,231.74 in audit fees, (3) interest of $221,899.96 on the delinquent contributions as calculated thr ough November 26, 2008, plus additional interest through the date of judgment (which is not included in the above-referenced amount), (4) as liquidated damages, $221,899.96 of interest on the delinquent contributions as calculated through Novemb er 26, 2008, plus interest from November 26, 2008 through the date of judgment (which is not included in the above-referenced amount), (5) $4,683.50 in attorney's fees, and (6) $578.96 in costs. It Is Further Ordered that the Clerk of the Court enter judgment accordingly and close this case. It Is Further Ordered that pltffs serve a copy of this Order on defts. ( Ordered by Judge Joseph F. Bianco on 8/17/2009.) (Fagan, Linda)
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Filing
21
REPORT AND RECOMMENDATIONS re 1 Complaint filed by Joseph Olivieri, Patrick Morin. Based on the evidence submitted, the undersigned recommends that damages be awarded as follows: $755,441.83 in delinquent fringe benefit contributions, plus &# 036;221,899.96 in interest on those contributions, $221,899.96 in liquidated damages, $11,231.74 in audit fees, and attorneys' fees and costs of $5,262.46, for a total award of $1,195,735.95. Entered by Magistrate Judge William D. Wall on 7/1/2009. (Disbrow, Sandra)
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