Duffy et al v. Pomarc Industries, Inc. et al
| Kenneth Huber, John O'Hare, James Pratt, III, Scott Adrian, Phillip Capobianco, John Duffy, William K. Duffy, Jr., Michael Fanning, James Haney, III and Marc Herbst |
| Pomarc Associates, Inc., Pomarc Industries, Inc. and Lawrence Delmonaco |
| 2:2012cv02919 |
| June 11, 2012 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Denis R. Hurley |
| A. Kathleen Tomlinson |
| 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
15
ORDER ADOPTING REPORT AND RECOMMENDATIONS. Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has reviewed the August 20, 2013 Report and Recommendation for clear error, and finding none, now concurs in both its re asoning and its result. Therefore, the Court adopts the Report and Recommendation of Judge Tomlinson as is set forth herein. Accordingly, the Court hereby directs that default judgment be entered in favor of plaintiffs and against defendants for th e following damages: (1) $57.687.04 for unpaid fringe benefits; 2) $5,624.86 for interest on the unpaid fringe benefits;(3) additional interest in the amount of $5.13 per day from October 16, 2012 to the date of the entry of judgment;( 4) $5,624.86 in double interest in lieu of liquidated damages;(5) $6,049.09 in attorneys fees and court costs; and 6) $9,570 in audit fees. Upon entry of judgment, the Clerk of the Court is directed to close this case. Ordered by Judge Denis R. Hurley on 9/9/2013. (Kaley, Regina)
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