Gesauldi et al v. Blue Jay Estates Development Corp.
| Louis Bisignano, Thomas F. Corbett, Anthony D'Aquila, Joseph A. Ferrara, Sr., Frank H. Finkel, Thomas Gesauldi, Marc Herbst, Michael O'Toole, Denise Richardson and Benedetto Umbra |
| Blue Jay Estates Development Corp. |
| 2:2013cv06171 |
| November 7, 2013 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Arthur D. Spatt |
| 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
21
ADOPTION ORDER - Accordingly, the Court adopts Judge Tomlinsons February 27, 2015 Report and Recommendation in its entirety. The Court directs that (1) default judgment be entered against the Defendant; (2) the Plaintiffs be awarded $1,179.77 in unpaid contributions pursuant to Audit #12-0018; (3) the Plaintiffs be awarded $83,555.35 in estimated contributions stemming from the failure to remit contributions and submit remittance reports for the weeks ending August 10, 2012, May 3, 201 3, May 10, 2013, May 17, 2013, and May 24, 2013; (4) the Plaintiffs be awarded $16,040.70 in interest and that the Clerks Office be directed to calculate the additional interest due to the Plaintiffs based on the per diem amount of $41.79, running from March 29, 2014 through the entry of judgment; (5) the Plaintiffs be awarded $19,141.18 in liquidated damages and that the Clerks Office be directed to calculate the additional liquidated damages due to the Plaintiffs based on the pe r diem amount of $8.82, running from March 29, 2014 through the entry of judgment; (6) the Plaintiffs be awarded $956.77 in audit fees; (7) the Plaintiffs be awarded $8,362.50 in attorneys fees for litigating this action; and (8) the P laintiffs be awarded $492.60 in costs incurred. The Clerk of the Court is respectfully directed to enter judgment consistent with this Adoption Order and to close the case. So Ordered by Judge Arthur D. Spatt on 3/18/2015. c/m to Judgment Clerk via cm/ecf. (Coleman, Laurie)
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