Upstate New York Engineers Health Fund et al v. DiPizio Construction Co. Inc. et al.
| Upstate New York Engineers Health Fund, Upstate New York Engineers Pension Fund, Upstate New York Engineers S.U.B. Fund, Upstate New York Engineers 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 and International Union of Operating Engineers, Local Union No. 463 |
| DiPizio Construction Co., Inc., Bernard DiPizio and Rosanne DiPizio |
| 5:2014cv01539 |
| December 19, 2014 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Onondaga |
| Mae A. D'Agostino |
| Therese Wiley Dancks |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1145 |
| None |
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Filing
80
DECISION AND ORDER denying 76 Motion for Reconsideration; denying 77 Motion for Reconsideration. Signed by U.S. District Judge Mae A. D'Agostino on 11/28/2017. (ban)
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Filing
74
MEMORANDUM-DECISION AND ORDER: The Court hereby ORDERS that Defendants' cross-motion for leave to file an amended answer (Dkt. No. 63 ) is DENIED; and the Court further ORDERS that Plaintiffs' motion for summary judgment (Dkt. No. 61 ) is DENIED in part as to the requested permanent injunction, and GRANTED in part as to an audit of DiPizio Construction's books and records from January 2016 to date, as well as to unpaid contributions and deductions, interest, liquidated dama ges, and attorneys' fees and costs; and the Court further ORDERS that the Clerk of the Court shall enter judgment in the amount of $623,313.88 against DiPizio Construction, consisting of (1) $232,271.14 in unpaid contributions and d eductions, (2) $171,075.53 in interest on unpaid contributions and deductions, (3) $171,508.46 in liquidated damages, (4) $2,305.75 in interest and liquidated damages on contributions untimely paid before the complaint was filed, and (5) $46,153 in attorneys' fees and costs; and the Court further ORDERS that the Clerk of the Court shall enter judgment in the amount of $213,454.23 against Rosanne and Bernard DiPizio, consisting of (1) $156,878.59 in unpaid c ontributions, (2) $10,422.64 in prejudgment interest, and (3) $46,153 in attorneys' fees and costs; and the Court further ORDERS that Defendants are required to produce DiPizio Construction's books and records for the period fr om January 2016 to date for Plaintiffs' review and audit, and that the Court shall retain jurisdiction in this matter until Plaintiffs complete their audit of DiPizio Construction's books and records; and the Court further ORDERS that wi thin thirty (30) days of the completion of the audit, Plaintiffs shall 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, audit costs, and attorneys' fees and costs; and the Court further ORDERS that the Clerk of the Court shall enter judgment in Plaintiffs' favor; and the Court further ORDERS that the Clerk of the Court serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 7/14/2017. (ban)
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