Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds v. Duncan & Son Carpentry, Inc.

Justia Dockets & Filings Second Circuit New York Eastern District Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds v. Duncan & Son Carpentry, Inc.

Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds v. Duncan & Son Carpentry, Inc.

Plaintiff:	Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds
Defendant:	Duncan & Son Carpentry, Inc.
Case Number:	2:2012cv06312
Filed:	December 21, 2012
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	E. Thomas Boyle
Presiding Judge:	Denis R. Hurley
Nature of Suit:	Labor: E.R.I.S.A.
Cause of Action:	29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement
Jury Demanded By:	None

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Date Filed	Document Text
July 10, 2013	Filing 26 ORDER ADOPTING REPORT AND RECOMMENDATIONS. As set forth in the attached Order, the Court adopts the June 12, 2013 Report and Recommendation of Judge Boyle as if set forth herein. Accordingly, the Court hereby directs that default judgment be entered in favor of plaintiffs and against defendant for the following damages: (1) $6,721.24 in partial enforcement of the arbitrators monetary award; (2) $219.02 in post-arbitration interest; (3) $250.00 in arbitration fees; (4) $4,49 4.00 in attorneys fees; and (5) $390.92 in costs. In addition, plaintiffs are awarded injunctive relief requiring defendant to make any and all books and records available to plaintiffs and their authorized representatives to conduct an audit for the period of January 1, 2009 through October 22, 2012. Upon entry of judgment, the Clerk of the Court is directed to close this case. Ordered by Judge Denis R. Hurley on 7/10/2013. (Spatola, Richard)

Date Filed

Document Text

July 10, 2013

Filing 26 ORDER ADOPTING REPORT AND RECOMMENDATIONS. As set forth in the attached Order, the Court adopts the June 12, 2013 Report and Recommendation of Judge Boyle as if set forth herein. Accordingly, the Court hereby directs that default judgment be entered in favor of plaintiffs and against defendant for the following damages: (1) $6,721.24 in partial enforcement of the arbitrators monetary award; (2) $219.02 in post-arbitration interest; (3) $250.00 in arbitration fees; (4) $4,49 4.00 in attorneys fees; and (5) $390.92 in costs. In addition, plaintiffs are awarded injunctive relief requiring defendant to make any and all books and records available to plaintiffs and their authorized representatives to conduct an audit for the period of January 1, 2009 through October 22, 2012. Upon entry of judgment, the Clerk of the Court is directed to close this case. Ordered by Judge Denis R. Hurley on 7/10/2013. (Spatola, Richard)

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Plaintiff: Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds
Represented By:	Charles R. Virginia
Represented By:	Richard B. Epstein
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Defendant: Duncan & Son Carpentry, Inc.
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