Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds v. Trinity Phoenix Corp.
Plaintiff: Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds
Defendant: Trinity Phoenix Corp.
Case Number: 2:2013cv00046
Filed: January 3, 2013
Court: US District Court for the Eastern District of New York
Office: Central Islip Office
Presiding Judge: Denis R. Hurley
Presiding Judge: William D. Wall
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. ยง 1001 E.R.I.S.A.: Employee Retirement
Jury Demanded By: None

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Date Filed Document Text
March 3, 2014 Opinion or Order Filing 24 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 January 8, 2014 Report and Recommendation for clear error, and finding none, adopts the January 8, 20 14 Report and Recommendation as the opinion of the Court, except for the following correction to a clerical error: Plaintiffs are to be awarded interest on the delinquent contributions in the amount of $15,293.97, not $15,292.97. The Cour t hereby directs that Plaintiffs recover from Defendant the following amounts, and that judgment be entered accordingly: (i) $196,056.07, consisting of: a. delinquent contributions of $150,145.50; b. interest of $15,293.97 on the deli nquent contributions, calculated at the rate of.75% per month, plus additional interest that may accrue if they remain outstanding; c. liquidated damages of $30,029.10; d. attorneys' fees of $237.50 incurred in the arbitration; an d e. an arbitrator's fee of $350; (ii) an arbitrator's fee of $250, as provided for in the Audit Order; (iii) attorneys' fees in the amount of $875; and (iv) costs in the amount of $369.34. Upon entry of judgment, the Clerk of the Court is directed to close this case. Ordered by Judge Denis R. Hurley on 3/3/2014. (O'Connor, Madeline)
September 9, 2013 Opinion or Order Filing 18 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 8, 2013 Report and Recommendation for clear error, and finding none, now concurs in both its r easoning and its result. Accordingly, the August 8, 2013 is adopted, and plaintiffs' motion for a default judgment is denied without prejudice. Plaintiffs may re-file their motion for a default judgment with the appropriate documentation needed to support the relief they seek on or before October 7, 2013. Ordered by Judge Denis R. Hurley on 9/9/2013. (Spatola, Richard)
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Defendant: Trinity Phoenix Corp.
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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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