Durso et al v. 173 Food Corp.
| John R. Durso, Joseph Fontano, Jack Caffey, Debra Servido, Neil Gonzalvo, Jon Greenfield, John Catsimatidis, Angelo Avena, Morton Sloan and Jacob Dimant, M.D. |
| 173 Food Corp. |
| 1:2016cv09456 |
| December 7, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| John G. Koeltl |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1132 |
| None |
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Filing
79
MEMORANDUM OPINION AND ORDER. The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed, the arguments are either moot or without merit. For the reasons explained above, the plaintiffs' motio n for summary judgment is granted and the defendants' motion for summary judgment is denied. The Clerk of Court is directed to enter judgment in favor of the plaintiffs and against the defendants in the following amounts: (1) $72, 702 in wi thdrawal liability; (2) prejudgment interest in the amount of $25,732.67 plus the interest that has accrued at a rate of $35.54 per day from March 26, 2018, until the date that judgment is entered in this case; (3) liquidated damages in the amount of $25,732.67 plus the interest that has accrued at a rate of $35.54 per day from March 26, 2018, until the date that judgment is entered; and (4) attorney's fees and costs in the amount of $17,428.75. Once judgment is ent ered, the plaintiffs are entitled to postjudgment interest pursuant to 28 U.S.C. § 1961. The Clerk is also ordered to close this case and to close all pending motions. SO ORDERED. (Signed by Judge John G. Koeltl on 11/30/18) (yv) Transmission to Orders and Judgments Clerk for processing.
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