Local Union No. 40 of the International Association of Bridge, Structural and Ornamental Iron Workers et al v. Car-Win Construction, Inc. et al
| Local Union No. 40 of the International Association of Bridge, Structural and Ornamental Iron Workers, Local Union No. 361 of the International Association of Bridge, Structural and Ornamental Iron Workers, Iron Workers Locals 40, 361 & 417 Health Fund, Iron Workers Locals 40, 361 & 417 Pension Fund, Iron Workers Locals 40, 361 & 417 Vacation Fund, Locals 40 and 361 Apprenticeship and Training Fund, Iron Workers Locals 40, 361 & 417 Annuity Fund, Iron Workers Locals 40, 361 & 417 Topping Out Fund and Iron and Steel Industry Promotion Fund of New York |
| Car-Win Construction, Inc. and CRV Precast Construction, LLC |
| 1:2012cv04854 |
| June 21, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Laura Taylor Swain |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1132 |
| None |
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Filing
67
ORDER ADOPTING REPORT AND RECOMMENDATION for 49 Motion for Sanctions, filed by Iron and Steel Industry Promotion Fund of New York, Iron Workers Locals 40, 361 & 417 Pension Fund, Locals 40 and 361 Apprenticeship and Training Fund, Local Union No. 361 of the International Association of Bridge, Structural and Ornamental Iron Workers, Iron Workers Locals 40, 361 & 417 Topping Out Fund, Local Union No. 40 of the International Association of Bridge, Structural and Ornamental Iron W orkers, Iron Workers Locals 40, 361 & 417 Vacation Fund, Iron Workers Locals 40, 361 & 417 Health Fund, Iron Workers Locals 40, 361 & 417 Annuity Fund, 66 Report and Recommendations. Having reviewed Magistrate Judge Dolinger's thorough and well-reasoned Report, to which no objection was made, the Court finds no clear error. Therefore, the Court adopts the Report in its entirety. Accordingly, Defendant CRV is hereby ordered to submit to an audit of its financial books and records f or the period from January 1, 2008, to the present; Defendant Car-Win is hereby ordered to submit to an audit of its financial books and records for the periods from May 24, 2010, through May 31, 2011, and from June 21, 2012, through the present; and Plaintiffs' default judgment motion is granted as against each Defendant as to liability. This matter is referred to Magistrate Judge Dolinger for the conduct of an inquest as to damages. This Order resolves Docket Entry Number 49. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/18/2015) (ajs)
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