Mason Tenders District Council of Greater New York et al v. F.M.C. Construction, LLC
||Mason Tenders District Council of Greater New York, Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, Training Fund and John J. Varga
||F.M.C. Construction, LLC
||August 2, 2011
||US District Court for the Southern District of New York
||Foley Square Office
||Deborah A. Batts
|Nature of Suit:
||Employee Retirement Income Security Act of 1974
|Cause of Action:
||29 U.S.C. § 1132
|Jury Demanded By:
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|August 26, 2015
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 24 Report and Recommendations. Having conducted the appropriate levels of review of the Report and Recommendation of United States Magistrate Judge Henry Pitman dated November 22, 2013, the Court MODIFIES the Report as set forth above and, as modified, APPROVES, ADOPTS, and RATIFIES the Report's Findings of Fact (see Report paragraphs 1-20) and Conclusions of Law (see id. paragraphs 21-54). Accordingly, the Clerk of the Court is dire cted to enter judgment against Defendant and in favor of Plaintiffs in the amount of $907,332.87, consisting of (1) $430,303.33 in unpaid fringe benefit contributions; (2) $33,661.16 in unpaid dues checkoffs; (3) $2,301.63 in u npaid PAC contributions; (4) $143,434.44 for the imputed cost of the audit; (5) interest on the unpaid fringe benefit contributions in the amount of $133,385.59; (6) liquidated damages in the amount of $133,385.59; (7) interest on u npaid dues checkoffs and PAC contributions in the amount of $20,141.38; and (8) $10,329.75 in attorneys' fees and $390.00 in costs and expenses. The Clerk of the Court is respectfully directed to close this case. (Signed by Judge Deborah A. Batts on 8/26/2015) (kgo)
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