Gesualdi et al v. J.M.R. Concrete Corp.
| Louis Bisignano, Michael Bourgal, Thomas Corbett, Anthony D'Aquila, Joseph A Ferrara, Sr., Frank H. Finkel, Thomas Gesualdi, Marc Herbst, Michael O'Toole and Denise Richardson |
| J.M.R. Concrete Corp. |
| 2:2016cv04210 |
| July 29, 2016 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Steven I. Locke |
| Arthur D. Spatt |
| 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
25
ADOPTION ORDER - More than fourteen (14) days have elapsed since service of the R&R on the Defendant, who has failed to file an objection. Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has reviewed the R&R f or clear error, and finding none, now concurs in both its reasoning and its result. There being no objection to Judge Lockes R&R, it is hereby ORDERED, that Judge Lockes Report and Recommendation is adopted in its entirety. The Court (1) grants the P laintiffs motion for a default judgment; and (2) awards the Plaintiffs $177,700.61 in damages, plus additional prejudgment interest on unpaid contributions and the accrual of liquidated damages on unpaid contributions, which continuously accrue s $53.69 per day from May 31, 2017 until the date of judgment; and it is further ORDERED, that the Clerk of the Court is directed to enter judgment in favor of the Plaintiffs as set forth above; and it is further ORDERED, that the Clerk of the Court is directed to close the case. SEE ATTACHED ORDER for details. SO ORDERED Ordered by Judge Arthur D. Spatt on 1/29/2018. (Coleman, Laurie)
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