Durso et al v. Almonte Beach Food Corp.
| Angelo Avena, Debra Bollbach, John Catsimatidis, Jacob Dimant, John R. Durso, Joseph Fontano, Neil Gonzalvo, Jon Greenfield, Teri Noble, Michael Pasquaretta, Morton Sloan and Fred Wren |
| Almonte Beach Food Corp. |
| 2:2017cv06673 |
| November 15, 2017 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Gary R. Brown |
| 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
35
OPINION & ORDER granting 25 Motion for Summary Judgment. For the reasons set forth above, plaintiffs' motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure is granted and plaintiffs are granted judgment as a matter of law on their claims against defendant for delinquent contributions, interest and additional damages in the amount of the interest charged on the unpaid contributions in their entirety. The Clerk of the Court shall (1) enter judgment in fav or of plaintiff and against defendant awarding plaintiffs (a) delinquent contributions in the total amount of eighty-six thousand seven hundred thirty-eight dollars ($86,738.00) pursuant to Sections 502 and 515 of ERISA, 29 U.S.C. §§ 1 132 and 1145, plus (b) interest from the date of the underpayment through March 31, 2019 in the total amount of eighty-eight thousand nine dollars and forty-two cents ($88,009.42), and (c) additional damages pursuant to Section 502(g)(2)(C) of E RISA, 29 U.S.C. § 1132(g)(2)(C), in the amount of eighty-eight thousand nine dollars and forty-two cents ($88,009.42); and (2) close this case. Plaintiffs shall serve and file an application for attorney's fees and costs incurred in co mmencing this proceeding, pursuant to the Trust Agreements and Section 502(g)(2)(D) of ERISA, 29 U.S.C. § 1132(g)(2)(D), by no later than February 24, 2021, see Fed. R. Civ. P. 54(d)(2)(B)(i), or they will be deemed to have abandoned their claims against defendant for attorney's fees and costs. Ordered by Judge Sandra J. Feuerstein on 2/10/2021. (CM to judgment clerk) (Florio, Lisa)
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