Engineers Joint Welfare Fund et al v. Western New York Contractors, Inc. et al
| Engineers Joint Welfare Fund, Engineers Joint Pension Fund, Engineers Joint Supplemental Unemployment Benefit Fund, Engineers Joint Training Fund, Operating Engineers Local 17 Training Fund, Central Pension Fund of the International Union of Operating Engineers and Participating Employers, International Union of Operating Engineers, Local Union No. 17, International Union of Operating Engineers, Local Union No. 545 and International Union of Operating Engineers, Local Union No. 832 |
| Western New York Contractors, Inc. and Robert A. Valerino |
| 5:2009cv00417 |
| April 8, 2009 |
| US District Court for the Northern District of New York |
| Labor: E.R.I.S.A. Office |
| Onondaga |
| David E. Peebles |
| Glenn T. Suddaby |
| None |
| Federal Question |
| 29:1132 E.R.I.S.A.-Employee Benefits |
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The following documents for this case are available for you to view or download:
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Filing
33
ORDER: denying the # 30 Motion for Reconsideration. Signed by Judge Glenn T. Suddaby on 2/28/2012. {Copy sent to the pro se plaintiff by regular mail} (jmb)
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Filing
29
FINAL JUDGMENT: in favor of Plaintiffs Central Pension Fund of the International Union of Operating Engineers and Participating Employers, Engineers Joint Pension Fund, Engineers Joint Supplemental Unemployment Benefit Fund, Engineers Joint Training Fund, Engineers Joint Welfare Fund, International Union of Operating Engineers, Local Union No. 17, International Union of Operating Engineers, Local Union No. 545, International Union of Operating Engineers, Local Union No. 832, Operating Engineers Local 17 Training Fund against Robert A. Valerino in the total amount of $145,035.57. {Copy served upon Pro Se Defendant Robert A. Valerino by regular and certified mail} (jmb)
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Filing
25
DECISION & ORDER: granting in part and denying in part the # 23 Motion for Partial Default Judgment against Defendant Robert A. Valerino. The Motion is GRANTED with respect to liability on Plaintiff's First, Second, Fourth and Fifth Causes of Action, including unpaid contributions, interest on unpaid contributions, liquidated damages and audit costs in the amount of $122,900.69. The Motion is DENIED without prejudice with respect to damages. It is further Ordered that within 30 days of this Order, plaintiff's counsel shall file documentation, including contemporaneous time records and expense calculations, that accurately reflect the hours that plaintiff's counsel and the paralegals expended on this action and the expe nses incurred herein. The Court shall retain jurisdiction in this matter to enter judgment against defendant Western New York Contractors, Inc., in the event that its Chapter 7 bankruptcy proceeding is dismissed or closed by the Bankruptcy Court. Signed by Judge Glenn T. Suddaby on 7/2/2010. {Copy served upon defendant Robert Valerino by regular mail} (jmb)
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Filing
21
DECISION & ORDER: Accepting and Adopting the # 20 Report and Recommendation in its entirety. It is Ordered that defendant Robert Valerino's Answer is STRICKEN FROM THE RECORD. The Clerk is directed to enter default against defendant Robert Valerino, and Plaintiff's are permitted to file a Motion for Default Judgment against him. Signed by Judge Glenn T. Suddaby on 3/12/2010. (jmb) {Copy served upon defendant Robert Valerino by regular mail}
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Filing
20
REPORT AND RECOMMENDATIONS: Recommending that defendant Robert Valerino's answer (docket # 7 ) to plaintiff's # 1 Complaint be STRICKEN FROM THE RECORD, and that the Court Clerk enter a Clerk's Entry of Default. Thereafter plaintiff 's shall be permitted to file a motion for Default Judgment against Robert Valerino. Objections to R&R due by 1/19/2010. Signed by Magistrate Judge David E. Peebles on 1/4/2010. {Copy served upon defendant Valerino at his last known address} (jmb)
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