Engineers Joint Welfare Pension, Supplemental Unemployment Benefit and Training Funds et al v. Catone Construction Company, Inc. et al

Justia Dockets & Filings Second Circuit New York Northern District Engineers Joint Welfare Pension, Supplemental Unemployment Benefit and Training Funds et al v. Catone Construction Company, Inc. et al

Engineers Joint Welfare Pension, Supplemental Unemployment Benefit and Training Funds et al v. Catone Construction Company, Inc. et al

Plaintiff:	Engineers Joint Welfare Pension, Supplemental Unemployment Benefit and Training Funds, Central Pension Fund of the International Union of Operating Engineers and Participating Employers and International Union of Operating Engineers, Local Union No. 832
Defendant:	Catone Construction Company, Inc. and John J. Catone
Case Number:	5:2008cv01048
Filed:	October 2, 2008
Court:	US District Court for the Northern District of New York
Office:	Labor: E.R.I.S.A. Office
County:	Onondaga
Presiding Judge:	George H. Lowe
Presiding Judge:	Frederick J. Scullin
Nature of Suit:	None
Cause of Action:	Federal Question
Jury Demanded By:	28:185 Suit to Compel Arbitration

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Date Filed	Document Text
December 4, 2009	Filing 15 MEMORANDUM-DECISION & ORDER: granting in part with regard to Plaintiffs' First, Third, and Fourth causes of action with respect to liability and denying in part without prejudice with regard to Plaintiff's First, Third, and Fourth causes of action with respect to damages, Re: the # 13 Motion for Default Judgment. Within ten days of the date of this Order Plaintiffs' counsel shall file documentation, including contemporaneous time records and expense calculations, that accurately reflect the hours that Plaintiffs' counsel and the paralegals expended on this action and the expenses incurred herein. The Court further Orders that Defendants shall produce their books and records for the period from 9/1/07, to the present fo r Plaintiffs' review and inspection. that this Court shall retain jurisdiction over this matter until Plaintiffs complete their audit of Defendants' books and records. After they complete the audit, Plaintiffs may move for entry of judgment against Defendants for any and all contributions and deductions that are determined to be due as a result of the audit, plus the applicable interest thereon, liquidated damages, costs and expenses of collection, the costs and expenses of such audit, audit fees, and attorney's and paralegal fees associated therewith. Signed by Senior Judge Frederick J. Scullin, Jr on 12/4/09. (jmb)

Date Filed

Document Text

December 4, 2009

Filing 15 MEMORANDUM-DECISION & ORDER: granting in part with regard to Plaintiffs' First, Third, and Fourth causes of action with respect to liability and denying in part without prejudice with regard to Plaintiff's First, Third, and Fourth causes of action with respect to damages, Re: the # 13 Motion for Default Judgment. Within ten days of the date of this Order Plaintiffs' counsel shall file documentation, including contemporaneous time records and expense calculations, that accurately reflect the hours that Plaintiffs' counsel and the paralegals expended on this action and the expenses incurred herein. The Court further Orders that Defendants shall produce their books and records for the period from 9/1/07, to the present fo r Plaintiffs' review and inspection. that this Court shall retain jurisdiction over this matter until Plaintiffs complete their audit of Defendants' books and records. After they complete the audit, Plaintiffs may move for entry of judgment against Defendants for any and all contributions and deductions that are determined to be due as a result of the audit, plus the applicable interest thereon, liquidated damages, costs and expenses of collection, the costs and expenses of such audit, audit fees, and attorney's and paralegal fees associated therewith. Signed by Senior Judge Frederick J. Scullin, Jr on 12/4/09. (jmb)

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Plaintiff: Engineers Joint Welfare Pension, Supplemental Unemployment Benefit and Training Funds
Represented By:	Jennifer A. Clark
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Plaintiff: Central Pension Fund of the International Union of Operating Engineers and Participating Employers
Represented By:	Jennifer A. Clark
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Plaintiff: International Union of Operating Engineers, Local Union No. 832
Represented By:	Jennifer A. Clark
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Defendant: Catone Construction Company, Inc.
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Defendant: John J. Catone
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