Gesualdi et al v. Specialty Flooring Systems, Inc.
| Louis Bisignano, Thomas F. Corbett, Anthony D'Aquila, Joseph A. Ferrara, Sr., Frank H. Finkel, Thomas Gesualdi, Marc Herbst, Dominick Marrocco, Anthony Pirozzi and Denise Richardson |
| Specialty Flooring Systems, Inc. |
| 2:2011cv05937 |
| December 6, 2011 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Arlene R. Lindsay |
| Joanna Seybert |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
36
MEMORANDUM & ORDER: ADOPTING the 35 REPORT AND RECOMMENDATIONS of Magistrate Judge Lindsay in its entirety with one minor clarification, and Plaintiffs' motion for default judgment is GRANTED. Plaintiffs are hereby awarded a judgment against Defendant in the amount of $25,858.05, comprising of $7,079.39 in unpaid contributions, $7,270.58 in interest on the unpaidcontributions (plus accrued interest until the date of payment), $7,270.58 in liquidated damages (plus acc rued liquidated damages until the date of judgment), and $4,237.50 in audit fees. The Clerk of the Court is directed to enter a Judgment consistent with this Memorandum and Order and to mark this matter CLOSED. Ordered by Judge Joanna Seybert on 9/3/2014. c/m by ecf to Plaintiff's counsel and by first-class mail to defendant. A copy of the M & O was forwarded to judgment clerk. (Mahon, Cinthia)
|
|
Filing
35
REPORT AND RECOMMENDATION re 27 34 : see attached Report and Recommendation for details. Ordered by Magistrate Judge Arlene R. Lindsay on 5/28/2014. c/ecf (Johnston, Linda)
|
|
Filing
34
MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION - For the foregoing reasons, Judge Lindsay's R&R is ADOPTED and Plaintiffs' motion for damages is GRANTED in the following respects: (1) delinquent contributions, liquidated damage s, and audit fees as to Audit #08-0424 for a total of $1,378.73 as well as interest of $110.45 through March 12, 2008 plus accrued interest until payment; (2) delinquent contributions and audit fees as to Audit #07-0775 for a total of &# 036;2,540.38; (3) interest on late paid contributions for the months of July 2008, May 2009, and June 2009 for a total of $1,088.95; (4) an Order directing Defendant to submit to an audit for the period of January 2011 through January 2012; a nd (5) attorneys' fees and costs in the total amount of $17,254.83. Accordingly, Plaintiffs are GRANTED damages in the aforementioned amounts and Defendant is ORDERED to submit to an audit for the period of January 2011 through Januar y 2012. In all other respects, however, Plaintiffs' objections are SUSTAINED and Judge Lindsay's R&R is REJECTED. Plaintiffs' motion is therefore REFERRED back to Judge Lindsay for a calculation of damages regarding: (1) delinquen t contributions, interest, liquidated damages, and audit fees for Audit #08-0425-RI, Audit #09-403, and Audit #09-404; and (2) interest and liquidated damages for Audit #07-0775. Thus, a ruling on those portions of Plaintiffs' motion for damages is DEFERRED. So Ordered by Judge Joanna Seybert on 9/27/2013. C/ECF (Valle, Christine)
|
|
Filing
23
ORDER ADOPTING R&R. Plaintiffs' motion for a default judgment is GRANTED. Plaintiffs may re-file a motion for damages and attorneys' fees on or before Feb. 4, 2013. (See Order for details) Plaintiffs shall serve a copy of this Order on Defendant and file an Affidavit of Service on or before Jan. 11, 2013. Ordered by Judge Joanna Seybert on 1/7/2013. (c/ECF) (Nohs, Bonnie)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
