Empire State Carpenters Welfare, Pension, Annuity, Apprenticeship, Charitable Trust, Labor Management Cooperation, and Scholarship Funds and their Boards of Trustees v. Mitchener

Justia Dockets & Filings Second Circuit New York Eastern District Empire State Carpenters Welfare, Pension, Annuity, Apprenticeship, Charitable Trust, Labor Management Cooperation, and Scholarship Funds and their Boards of Trustees v. Mitchener

Empire State Carpenters Welfare, Pension, Annuity, Apprenticeship, Charitable Trust, Labor Management Cooperation, and Scholarship Funds and their Boards of Trustees v. Mitchener

Plaintiff:	Empire State Carpenters Welfare, Pension, Annuity, Apprenticeship, Charitable Trust, Labor Management Cooperation, and Scholarship Funds and their Boards of Trustees
Defendant:	Levi G. Mitchener
Case Number:	2:2010cv03030
Filed:	July 1, 2010
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	E. Thomas Boyle
Presiding Judge:	Arthur D. Spatt
Nature of Suit:	Labor: E.R.I.S.A.
Cause of Action:	29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By:	None

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Date Filed	Document Text
May 30, 2012	Filing 25 DEFAULT JUDGMENT - ORDERED AND ADJUDGED that default judgment is entered against defendant Levi G. Mitchener d/b/a Mitchener Construction; that plaintiffs are awarded damages as follows: (I) unpaid employee benefit contributions in the amount of 6;58,148.41; (2) interest through April25, 2012 in the amount of $34,443.08, plus additional interest in the amount of $633.40; (3) audit fees in the amount of $5,805.83; (4) liquidated damages in the amount of $5,814.84; (5) post -judgment interest, to be calculated pursuant to 28 U.S.C. § 1961; (6) attorney's fees in the amount of$3,583.50; and (7) costs in the amount of $770.81, for a total monetary award of $109,181.31, plus additional post-judgment interest, its set forth above; and that this case is hereby closed. Ordered by Senior Judge Arthur D. Spatt on 5/30/12. (Coleman, Laurie)
May 24, 2012	Filing 24 ORDER - It is hereby: ORDERED that Judge Boyles Report and Recommendation is adopted in its entirety, and it is further ORDERED that the Clerk of the Court is directed to enter a default judgment against the Defendant in the amounts recommended by Judge Boyle and set forth above, and it is further ORDERED that the Clerk of the Court is respectfully directed to close this case. Signed by Senior Judge Arthur D. Spatt on 5/24/2012. (Coleman, Laurie)

Date Filed

Document Text

May 30, 2012

Filing 25 DEFAULT JUDGMENT - ORDERED AND ADJUDGED that default judgment is entered against defendant Levi G. Mitchener d/b/a Mitchener Construction; that plaintiffs are awarded damages as follows: (I) unpaid employee benefit contributions in the amount of 6;58,148.41; (2) interest through April25, 2012 in the amount of $34,443.08, plus additional interest in the amount of $633.40; (3) audit fees in the amount of $5,805.83; (4) liquidated damages in the amount of $5,814.84; (5) post -judgment interest, to be calculated pursuant to 28 U.S.C. § 1961; (6) attorney's fees in the amount of$3,583.50; and (7) costs in the amount of $770.81, for a total monetary award of $109,181.31, plus additional post-judgment interest, its set forth above; and that this case is hereby closed. Ordered by Senior Judge Arthur D. Spatt on 5/30/12. (Coleman, Laurie)

May 24, 2012

Filing 24 ORDER - It is hereby: ORDERED that Judge Boyles Report and Recommendation is adopted in its entirety, and it is further ORDERED that the Clerk of the Court is directed to enter a default judgment against the Defendant in the amounts recommended by Judge Boyle and set forth above, and it is further ORDERED that the Clerk of the Court is respectfully directed to close this case. Signed by Senior Judge Arthur D. Spatt on 5/24/2012. (Coleman, Laurie)

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Plaintiff: Empire State Carpenters Welfare, Pension, Annuity, Apprenticeship, Charitable Trust, Labor Management Cooperation, and Scholarship Funds and their Boards of Trustees
Represented By:	Owen M. Rumelt
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Defendant: Levi G. Mitchener
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