Kane, Jr. et al v. National Farm Wholesale Fruit & Vegetable Corp.
| Daniel Kane, Jr., Charles Machadio, Roger Marino, Myra Gordon, Andrew Roy and Vincent Pacifico |
| National Farm Wholesale Fruit & Vegetable Corp. |
| 1:2017cv09487 |
| December 4, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Vernon S. Broderick |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1132 |
| None |
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Filing
52
JUDGMENT: ORDERED, ADJUDGED AND DECREED, that Plaintiffs' motion for summary judgment is GRANTED and judgment is entered in favor of Plaintiffs and against Defendant in the amount of $1,596,963.50; and it is further, ORDERED, ADJUDGED AND DECREED, that Defendant shall pay five (5%) percent simple interest on the full amount of withdrawal liability, accruing from December 4, 2017, to the date of judgment in the amount of $467,713.42; and it is further ORDERED, ADJUDGED AN D DECREED, that Defendant shall pay liquidated damages equal to twenty (20%) percent of the unpaid withdrawal liability, totaling $319,392.70; and it is further, ORDERED, ADJUDGED AND DECREED, that Defendant shall be liable for Plaintiffs' counsel's reasonable attorneys' fees and costs in pursuing this action, totaling $15,466.50. IT IS SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/12/2023) (rro)
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Filing
37
CLERK'S JUDGMENT re: 36 Memorandum & Opinion in favor of Andrew Roy, Charles Machadio, Daniel Kane, Jr., Myra Gordon, Roger Marino, Vincent Pacifico against National Farm Wholesale Fruit & Vegetable Corp. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated January 14, 2022, the Fund's motion for summary judgment is GRANTED. (Signed by Clerk of Court Ruby Krajick on 1/18/2022) (Attachments: # 1 Right to Appeal) (km)
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Filing
36
OPINION AND ORDER re: 26 MOTION for Summary Judgment . filed by Andrew Roy, Daniel Kane, Jr., Vincent Pacifico, Myra Gordon, Charles Machadio, Roger Marino. For the foregoing reasons, the Fund's motion for summary judgme nt is GRANTED. The Clerk of Court is respectfully directed to close the open motion at docket number 26 and to enter judgment in favor of the Fund. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/14/2022) (kv) Transmission to Orders and Judgments Clerk for processing.
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Filing
22
ORDER: Accordingly, the June 21, 2018 Arbitration Award of Arbitrator La Manna dismissing the arbitration proceedings is confirmed, and Plaintiffs motion to confirm the Award, (Doc. 17), is GRANTED. Furthermore, in light of the foregoing, Plainti ffs request that I lift the stay in this matter is GRANTED and this action is restored to my active docket. Within twenty-one days of the date of this Order, the parties shall jointly submit to the Court a revised proposed case management plan and scheduling order. A template for the order is available at http://nysd.uscourts.gov/judge/Broderick. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/12/2019) (anc)
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