LaScala, et al v. Scrufari, et al
| Salvatore J. La Scala, Douglas A. Janese and Richard J Marino |
| Santo S. Scrufari, Gordon J. Knapp, David Fay, Niagara-Genesee & Vicinity Carpenters Local 280 Welfare Fund, Niagara-Genesee & Vicinity Carpenter Local 280 Pension Fund, Christopher M. Scrufari, Angelo Massaro, Dominic P. Massaro and George R. Weidert |
| 1:1993cv00982 |
| February 5, 2010 |
| US District Court for the Western District of New York |
| Buffalo Office |
| John T. Curtin |
| Leslie G. Foschio |
| Labor: Labor/Mgt. Relations |
| 28 U.S.C. ยง 1337 Sherman-Clayton Act |
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Filing
309
DECISION AND ORDER directing that judgment shall be entered in favor of plaintiffs and against defendant Santo Scrufari in the amount of $966,389.39 (see contents of Decision and Order for further detail). Plaintiffs are awarded attorneys' fees against defendant in the amount of $399,114.39, and disbursements in the amount of $12,757.07, for a total award of $411,871.46. Signed by Hon. John T. Curtin on 12/19/2012. (JEC)
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Filing
293
ORDER directing the Clerk to enter judgment as set forth in the Order. Signed by Hon. John T. Curtin on 8/1/2012. (JEC)
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Filing
290
DECISION AND ORDER granting Plaintiffs' 262 Motion for attorney's fees and disbursements in the amount of $411,871.46. Plaintiffs' 265 Motion to amend the judgment to reflect an offset of amount of damages to be paid to Pensi on Fund against defendant's pension benefits is granted. Plaintiff's 272 Cross-Motion to amend judgment is denied as moot. Plaintiffs' 273 Motion for joinder is granted for the purpose of adding the Empire Funds to the action as person necessary to accord complete relief amoung existing parties, to be aligned as party defendant for the limited purposes described therein. Signed by Hon. John T. Curtin on 3/9/2012. (JEC)
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Filing
280
DECISION AND ORDER DECISION AND ORDER denying Defendant's 266 Motion to Vacate Judgment pursuant to Fed. R. Civ. P. 60. Defendant's 263 Motion to Amend Judgment pursuant to Fed. R. Civ. P. 59(e) to recalculate prejudgment interest is a lso denied; however, the court finds it fair and reasonable to adopt plaintiffs' proposal to waive the claim for prejudgment interest for the two-year period prior to entry of final judgment as to all categories except damages to the Pension Fun d attributed to excess and overtime benefits. The Clerk is directed to amend the final judgment to reflect an award of total damages to the Pension Fund in amount of $495,020.81; total damages to the Welfare Fund in the amount of $471,363. 58, and overall total damages to both Funds in the amount of $966,384.39. Defendant's responses to the remaining motions, as well as any submission by Empire Funds, are due on or before 12/27/2011. Plaintiffs' consolidated reply to these submissions, if any, is due on or before 1/26/2012. The court will then take these matters under advisement. Signed by Hon. John T. Curtin on 11/18/2011. (JEC)
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Filing
257
DECISION AND ORDER adopting Plaintiffs' Proposal, subject to certain modifications, and awarding total damages in the amount of $895,909.50. Entry of judgment is deferred pending the parties' joint stipulated submission of updated ann ual investment return information for the period from 1/1/2008 through the entry of this order. This stipulated submission, and a joint proposed final judgment, shall be filed within 30 days of the date of entry of this order. Signed by Hon. John T. Curtin on 2/4/10. (JEC)
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