Bail et al v. Dover Hospitality Services, Inc.
| Frank S. Bail, John Tyzbir and Fran Burke |
| Dover Hospitality Services, Inc. |
| 2:2009cv04191 |
| September 29, 2009 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Nassau |
| E. Thomas Boyle |
| Arthur D. Spatt |
| None |
| 29 U.S.C. ยง 1001 E.R.I.S.A.: Employee Retirement |
| None |
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Filing
72
MEMORANDUM OF DECISION AND ORDER - It is hereby: ORDERED, that the Plaintiffs motion for summary judgment to compel an audit of the Defendants books and records for the audit period of February 1, 2007 through December 31, 2008 is granted, and it is further ORDERED, that the Plaintiffs motion for summary judgment to compel an audit of the Defendants books and records for 2009 and 2010 is denied without prejudice, and it is further ORDERED, that the Plaintiffs motion for summary judgment to colle ct unpaid contributions allegedly incurred between September of 2010 and November of 2011 is denied without prejudice, and it is further ORDERED, that the Plaintiffs are afforded 60 days from the date of this order to conduct an audit of the Defendan ts books and records for the February 1, 2007 to December 31, 2008 audit period and, if necessary, within 30 days of the date the audit is completed, the Plaintiffs may submit a letter to the Court to obtain a trial date on the issue of damages, including renewing their motion for reasonable attorneys fees and costs. Ordered by Judge Arthur D. Spatt on 7/23/2012. (Coleman, Laurie)
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