Flanagan, as a Trustee of the General Building Laborers' Local 66 Pension Fund et al v. North Star Concrete Construction, Corp. et al

Justia Dockets & Filings Second Circuit New York Eastern District Flanagan, as a Trustee of the General Building Laborers' Local 66 Pension Fund et al v. North Star Concrete Construction, Corp. et al

Flanagan, as a Trustee of the General Building Laborers' Local 66 Pension Fund et al v. North Star Concrete Construction, Corp. et al

Plaintiff:	Stephen Flanagan, as a Trustee of the General Building Laborers' Local 66 New York State Health and Safety Fund, Stephen Flanagan, as Business Manager of General Building Laborers' Local Union No. 66 of the Laborers' International Union of North America, AFL-CIO, Stephen Flanagan, as Trustee of the General Building Laborers' Local 66 Annuity Fund, Stephen Flanagan, as a Trustee of the General Building Laborers' Local 66 Greater NY Laborers' Employer Cooperative and Educational Trust Fund, Stephen Flanagan, as a Trustee of the General Building Laborers' Local 66 Laborers' Employer Cooperative and Educational Trust Fund, Stephen Flanagan, as a Trustee of the General Building Laborers' Local 66 Welfare Fund, Stephen Flanagan, as a Trustee of the General Building Laborers' Local 66 Pension Fund and Stephen Flanagan, as a Trustee of the General Building Laborers' Local 66 Training Program
Defendant:	North Star Concrete Construction, Corp. and Mario Salgado
Case Number:	2:2013cv02300
Filed:	April 16, 2013
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Joanna Seybert
Presiding Judge:	A. Kathleen Tomlinson
Nature of Suit:	Labor: E.R.I.S.A.
Cause of Action:	29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By:	None

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Date Filed	Document Text
October 2, 2014	Filing 19 AMENDED MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; Due to a clerical error, the prior Memorandum & Order dated September 16, 2014 (Docket Entry 18) is VACATED and replaced by the Amended Memorandum & Order dated October 2, 2014. Judg e Tomlinson's R&R (Docket Entry 16) is ADOPTED in its entirety and Plaintiff's motion for a default judgment (Docket Entry 12) is GRANTED. The Clerk of the Court is directed to enter judgment in favor of Plaintiff and against Defendan ts as follows: (1) $13,992.18 for unpaid contributions; (2) prejudgment interest on unpaid contributions in an amount to be determined by the Clerk of the Court based on the interest rate prescribed under 26 U.S.C. § 6621 through the da te of entry of final judgment; (3) liquidated damages in an amount equal to the amount of prejudgment interest; (4) $3,308.33 in attorneys' fees; and (5) $425.00 in costs. The Clerk of Court is directed to mark this matter CLOSED. So Ordered by Judge Joanna Seybert on 10/2/2014. C/ECF (Valle, Christine)
September 16, 2014	Filing 18 MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; Judge Tomlinson's R&R (Docket Entry 16) is ADOPTED in its entirety and Plaintiff's motion for a default judgment (Docket Entry 12) is GRANTED. The Clerk of the Court is directed to en ter judgment in favor of Plaintiff and against Defendants as follows: (1) $13,992.18 for unpaid contributions; (2) prejudgment interest on unpaid contributions in an amount to be determined by the Clerk of the Court based on the interest rate pr escribed under 26 U.S.C. § 1132(g)(2)(C) through the date of entry of final judgment; (3) liquidated damages in an amount equal to the amount of prejudgment interest; (4) $3,308.33 in attorneys' fees; and (5) $425.00 in costs. The Clerk of Court is directed to mark this matter CLOSED. So Ordered by Judge Joanna Seybert on 9/16/2014. C/ECF (Valle, Christine)

Date Filed

Document Text

October 2, 2014

Filing 19 AMENDED MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; Due to a clerical error, the prior Memorandum & Order dated September 16, 2014 (Docket Entry 18) is VACATED and replaced by the Amended Memorandum & Order dated October 2, 2014. Judg e Tomlinson's R&R (Docket Entry 16) is ADOPTED in its entirety and Plaintiff's motion for a default judgment (Docket Entry 12) is GRANTED. The Clerk of the Court is directed to enter judgment in favor of Plaintiff and against Defendan ts as follows: (1) $13,992.18 for unpaid contributions; (2) prejudgment interest on unpaid contributions in an amount to be determined by the Clerk of the Court based on the interest rate prescribed under 26 U.S.C. § 6621 through the da te of entry of final judgment; (3) liquidated damages in an amount equal to the amount of prejudgment interest; (4) $3,308.33 in attorneys' fees; and (5) $425.00 in costs. The Clerk of Court is directed to mark this matter CLOSED. So Ordered by Judge Joanna Seybert on 10/2/2014. C/ECF (Valle, Christine)

September 16, 2014

Filing 18 MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; Judge Tomlinson's R&R (Docket Entry 16) is ADOPTED in its entirety and Plaintiff's motion for a default judgment (Docket Entry 12) is GRANTED. The Clerk of the Court is directed to en ter judgment in favor of Plaintiff and against Defendants as follows: (1) $13,992.18 for unpaid contributions; (2) prejudgment interest on unpaid contributions in an amount to be determined by the Clerk of the Court based on the interest rate pr escribed under 26 U.S.C. § 1132(g)(2)(C) through the date of entry of final judgment; (3) liquidated damages in an amount equal to the amount of prejudgment interest; (4) $3,308.33 in attorneys' fees; and (5) $425.00 in costs. The Clerk of Court is directed to mark this matter CLOSED. So Ordered by Judge Joanna Seybert on 9/16/2014. C/ECF (Valle, Christine)

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Plaintiff: Stephen Flanagan, as a Trustee of the General Building Laborers' Local 66 New York State Health and Safety Fund
Represented By:	Alicia M. Menechino
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Plaintiff: Stephen Flanagan, as Business Manager of General Building Laborers' Local Union No. 66 of the Laborers' International Union of North America, AFL-CIO
Represented By:	Alicia M. Menechino
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Plaintiff: Stephen Flanagan, as Trustee of the General Building Laborers' Local 66 Annuity Fund
Represented By:	Alicia M. Menechino
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Plaintiff: Stephen Flanagan, as a Trustee of the General Building Laborers' Local 66 Greater NY Laborers' Employer Cooperative and Educational Trust Fund
Represented By:	Alicia M. Menechino
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Plaintiff: Stephen Flanagan, as a Trustee of the General Building Laborers' Local 66 Laborers' Employer Cooperative and Educational Trust Fund
Represented By:	Alicia M. Menechino
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Plaintiff: Stephen Flanagan, as a Trustee of the General Building Laborers' Local 66 Welfare Fund
Represented By:	Alicia M. Menechino
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Plaintiff: Stephen Flanagan, as a Trustee of the General Building Laborers' Local 66 Pension Fund
Represented By:	Alicia M. Menechino
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Plaintiff: Stephen Flanagan, as a Trustee of the General Building Laborers' Local 66 Training Program
Represented By:	Alicia M. Menechino
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Defendant: North Star Concrete Construction, Corp.
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Defendant: Mario Salgado
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