Trustees of the Hotel Employees and Restaurant Employees International Union Pension Fund v. 2nd Avenue Delicatessen, Inc. et al

Justia Dockets & Filings Second Circuit New York Southern District Trustees of the Hotel Employees and Restaurant Employees International Union Pension Fund v. 2nd Avenue Delicatessen, Inc. et al

Trustees of the Hotel Employees and Restaurant Employees International Union Pension Fund v. 2nd Avenue Delicatessen, Inc. et al

Case Number:	1:2006cv06254
Filed:	August 17, 2006
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Robert L. Carter
Nature of Suit:	Labor: E.R.I.S.A.
Cause of Action:	29 U.S.C. § 1145 E.R.I.S.A.
Jury Demanded By:	None

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Date Filed	Document Text
August 7, 2009	Filing 34 ENDORSEMENT: Accordingly, the R&R is adopted as the opinion and judgment of the court. For substantially the same reasons cited in the R&R, it is the judgment of the court that Defendants, jointly and severally, are ordered to pay a total judgment of $223,678.28. ORDER ADOPTING REPORT AND RECOMMENDATIONS for 33 Report and Recommendations. (Signed by Judge Robert L. Carter on 8/7/09) (db)
March 20, 2009	Filing 33 REPORT AND RECOMMENDATIONS: For the reason set forth above, I recommend that Judge Carter enter a default judgment in favor of the plaintiff, against 2nd Avenue Delicatessen, Inc. and Lower East Side Finest, Inc. jointly and severally, in the total a mount of $223,678.28, calculated as follows: (a) unpaid withdrawal liability of $135,909.81; (b) liquidated damages of 20%, namely $27,181.96; (c) interest on the $135,909.81 at the contractual rate of 12% per annum from January 25, 2006 through April 25, 2009 (39% of $135,909.81 = $53,004.83) ; (d) attorneys' fees in the amount of $6,870.00; and (e)litigation costs in the amount of $711.69. Failure to file objections within 10 business days will preclude appellate review. Objections to R&R due by 4/8/2009 (Signed by Magistrate Judge Douglas F. Eaton on 3/20/2009) Copies Mailed By Chambers.(jpo)

Date Filed

Document Text

August 7, 2009

Filing 34 ENDORSEMENT: Accordingly, the R&R is adopted as the opinion and judgment of the court. For substantially the same reasons cited in the R&R, it is the judgment of the court that Defendants, jointly and severally, are ordered to pay a total judgment of $223,678.28. ORDER ADOPTING REPORT AND RECOMMENDATIONS for 33 Report and Recommendations. (Signed by Judge Robert L. Carter on 8/7/09) (db)

March 20, 2009

Filing 33 REPORT AND RECOMMENDATIONS: For the reason set forth above, I recommend that Judge Carter enter a default judgment in favor of the plaintiff, against 2nd Avenue Delicatessen, Inc. and Lower East Side Finest, Inc. jointly and severally, in the total a mount of $223,678.28, calculated as follows: (a) unpaid withdrawal liability of $135,909.81; (b) liquidated damages of 20%, namely $27,181.96; (c) interest on the $135,909.81 at the contractual rate of 12% per annum from January 25, 2006 through April 25, 2009 (39% of $135,909.81 = $53,004.83) ; (d) attorneys' fees in the amount of $6,870.00; and (e)litigation costs in the amount of $711.69. Failure to file objections within 10 business days will preclude appellate review. Objections to R&R due by 4/8/2009 (Signed by Magistrate Judge Douglas F. Eaton on 3/20/2009) Copies Mailed By Chambers.(jpo)

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