Ferrara et al v. CMR Contracting LLC et al
| Thomas Gesualdi, Marc Herbst, Dominick Marrocco, Anthony Pirozzi, Denise Richardson, Louis Bisignano, Thomas F. Corbett, Anthony D'Aquila, Joseph A. Ferrara, Sr. and Frank H. Finkel |
| LTU Industries Inc. and CMR Contracting LLC |
| Elizabeth O'Leary |
| 2:2010cv05905 |
| December 17, 2010 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| E. Thomas Boyle |
| 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
35
JUDGMENT - ORDERED AND ADJUDGED that judgment is entered in favor of plaintiffs and against defendants as follows: with respect to CMR Contracting LLC, (1) $172,569.92 in unpaid employee benefit contributions; (2) $115,987.36 in interest, p lus additional interest in the amount of $4,084.80; (3) $115,987.36 in liquidated damages, plus additional liquidated damages in the amount of $4,084.80; (4) audit fees in the amount of $700.00; (5) $9,618.00 in attorneys fee s; and (6) $2,115.68 in costs, for a total monetary award of $425,147.92; with respect to LTU Industries Inc.: (1) $11,272.04 in unpaid employee benefit contributions; (2) $5,192.60 in interest, plus additional interest in the amo unt of $266.88; (3) $5,192.60 in liquidated damages, plus additional liquidated damages in the amount of $266.88; (4) audit fees in the amount of $3,109.88; (4) $8,482.00 in attorneys fees; and (6) $2,115.68 in costs, for a total monetary award of $35,898.56; and that this case is hereby closed. Signed by Catherine Vukovich, Deputy Clerk on 3/7/12. (Coleman, Laurie)
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Filing
34
ORDER ADOPTING REPORT AND RECOMMENDATIONS: So Ordered that 32 Judge Boyle's Report and Recommendation is adopted in its entirety. The Court awards the plaintiffs damages with respect to CMR Contracting LLC as follows: (I) $172,569.92 in u npaid employee benefit contributions; (2) $115,987.36 in interest, with additional interest to be calculated at a rate of $85.I 0 per day from January 20, 2012 through the date of judgment; (3) $115,987.36 in liquidated damages, with a dditional liquidated damages to be calculated at a rate of $85.10 per day from January 20, 2012 through the date of judgment; (4) audit fees in the amount of$700.00; (5) $9,618.00 in attorney's fees; and (6) $2,115.68 in cost s, for a total monetary award of $416,978.32, plus additional interest and liquidated damages. The Court also awards the plaintiffs damages with respect to L TU Industries as follows: (I) $11,272.04 in unpaid employee benefit contributions; (2) $5,192.60 in interest, with additional interest to be calculated at a rate of $5.56 per day from January 20, 2012 through the date of judgment; (3) $5,192.60 in liquidated damages, with additional liquidated damages to be calculat ed at a rate of$5.56 per day from January 20,2012 through the date of judgment; (4) audit fees in the amount of$3,1 09.88; (5) $8,482.00 in attorney's fees; and (6) $2,115.68 in costs, for a total monetary award of $35, 364.80, plus additional interest and liquidated damages, and it is further ORDERED, that the Clerk of the Court is directed to enter judgment in favor of the plaintiffs as set forth above, and it is further; ORDERED, that the Clerk of the Court is directed to close this case. Ordered by Senior Judge Arthur D. Spatt on 3/2/2012. (Padilla, Kristin) (Main Document 34 replaced on 3/6/2012, replaced due to clerical error) (Padilla, Kristin).
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