Engineers Joint Welfare Fund et al v. C. Destro Development Co., 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 and International Union of Operating Engineers, Local Union No. 17 |
| C. Destro Development Co., Inc. and Carmen Destro, Jr. |
| 5:2010cv00474 |
| April 22, 2010 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Onondaga |
| Neal P. McCurn |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1001 |
| None |
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Filing
79
DECISION AND ORDERED, that Plaintiffs Motion for Reconsideration (Dkt. No. 76) is DENIED in part as to the reconsideration of attorneys fees and the hourly rate for paralegals, and GRANTED in part as to prejudgment interest against Carmen Destro, Jr.; and it is further ORDERED, that Plaintiffs are awarded $112,000.14 in prejudgment interest against Destro. Signed by Senior Judge Lawrence E. Kahn on January 30, 2017. (Copy served via regular mail)(sas)
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Filing
75
MEMORANDUM-DECISION and ORDERED, that Plaintiffs Motion (Dkt. No. 65) for summary judgment is GRANTED in part and DENIED in part consistent with this Memorandum-Decision and Order; and it is further ORDERED, that Plaintiffs are awarded $711,429. 09 plus post-judgment interest at the rate pursuant to 28 U.S.C. § 1961 against Defendant C. Destro Development Corporation, Inc., consisting of: (1) $223,031.88 in unpaid contributions and deductions; (2) $232,640.63 in interest and ( 3) $220,346.35 in liquidated damages on unpaid contributions and deductions, plus interest from June 5, 2015 through the date of judgment at the rates provided for by 29 U.S.C. § 1132(g)(2) and the Trusts and Collections Policy; (4) $2 ,582.29 in interest on untimely contributions, and (5) $32,827.94 in attorneys fees and costs; and it is further ORDERED, that Plaintiffs are awarded $181,904.84 plus post-judgment interest at the rate pursuant to 28 U.S.C. § 1961 agai nst Defendant Carmen Destro, Jr., consisting of: (1) $149,076.90 in unpaid contributions and (2) $32,827.94 in attorneys fees and costs; and it is further ORDERED, that Plaintiffs may renew their Motion for summary judgment within thirty (3 0) days of the date of this Memorandum-Decision and Order; and it is further ORDERED, that if Plaintiffs do not renew their Motion for summary judgment within thirty (30) days of the date of this Memorandum-Decision and Order, then the Clerk of Court shall enter judgment in the above amounts in favor of Plaintiffs and close this action; and it is further ORDERED, that Plaintiffs Letter Motion (Dkt. No. 74) is GRANTED. Signed by Senior Judge Lawrence E. Kahn on March 31, 2016.***A copy of this order was served upon the pro se party by regular US mail. (sas)
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Filing
34
DECISION AND ORDER re 32 Letter Motion from Jennifer A. Clark, Esq. IT IS HEREBY ORDERED that plaintiffs' motion to compel, to hold defendants in contempt and for sanctions is DENIED. Signed by US Magistrate Judge Andrew T. Baxter on 7/25/2012. (dpk)
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