Vacca et al v. Country Ford LTD. et al
| Kirk Conaway, Roy Kohn, David Perez, The IBT Local 868 Pension Fund and John Vacca |
| Vincent Caruso, Country Ford LTD., David Jacoby and Michael Jacoby |
| 2:2010cv04128 |
| September 7, 2010 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Arlene R. Lindsay |
| Arthur D. Spatt |
| 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
76
ADOPTION ORDER - It is ORDERED, that Judge Browns 73 Report and Recommendation dated August 20, 2014 is adopted except to the extent the Report recommends that the Plaintiffs request for attorneys fees be denied; and it is further ORDERED, that th e Plaintiffs 68 motion for default judgment as to Country Ford is granted, and the Plaintiffs are awarded the aggregate sum of $156,294.12, which includes $92,435.00 in withdrawal liability, $31,674.56 in interest, $31,674.56 in liquidated damages, and $510.00 in legal costs, as against all the Defendants; and it is further ORDERED, that the Plaintiffs objections to the Report and Recommendation are granted to the extent the Court permits introduction of previously un -filed contemporaneous time records and the Plaintiffs are awarded $10,812.50 in attorneys fees based on those records. The Plaintiffs objections are otherwise denied; and it is further ORDERED, that that the Clerk of the Court is directed to enter judgment as set forth above, and it is further ORDERED, that upon the entry of judgment, the Clerk is directed to close this case. So Ordered by Judge Arthur D. Spatt on 9/11/2014. C/ECF Judgment Clerk. (Coleman, Laurie)
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Filing
64
SHORT ORDER - It is hereby ORDERED, that the Clerk of the Court is directed to enter a default judgment against the Defendant Michael Caruso, as Executor of the Estate of Vincent Caruso; and it is further ORDERED, that the Plaintiffs renew their mot ion for a default judgment against Country Ford within 20 days of the date of this order; and it is further ORDERED, that the Court declines to adopt the Report and Recommendation as to damages as this time and shall only consider the Plaintiffs motion for damages after the case is resolved as against all the Defendants. So Ordered by Judge Arthur D. Spatt on 9/19/13. (Coleman, Laurie)
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