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03-263 - Jacobson v. Citi-Wide Electric, Inc.


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03-263 - Jacobson v. Citi-Wide Electric, Inc.
October 20, 2007
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REPORT AND RECOMMENDATIONS re 37 MOTION for Default Judgment as to filed by Larry Jacobson. See attached document for recommended damages award.Objections to R&R due by 11/5/2007. Ordered by Judge Steven M. Gold on 10/20/07. (Gold, Steven)
September 30, 2008
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ORDER granting 37 Motion for Default Judgment; adopting in part Report and Recommendations as to 43 Report and Recommendations -- The defendants in this ERISA action repeatedly failed to comply with court orders, and Chief U.S. Magistrate Judge Steven M. Gold issued a report and recommendation on November 15, 2006 recommending the court enter default judgment against the defendant. This court adopted Magistrate Judge Gold's recommendations and referred the matter to back to him to determine plaintiff's damages. On October 20, 2007, Magistrate Judge Gold issued a second report and recommendation ("R&R"). Plaintiff filed timely objections. Defendants did not file any objections. As set forth in the ATTACHED WRITTEN ORDER MODIFYING IN PART AND ADOPTING IN PART THE REPORT AND RECOMMENDATIONS, the court modifies the R&R to impose personal liability on Gorman for the Additional Unpaid Contributions only, without interest, and denies the plaintiff's other objections. The court adopts the modified R&R with slight adjustments in the calculation of interest as set forth below. Accordingly, it is hereby ORDERED that JUDGMENT BE ENTERED against Gorman, in his individual capacity, and Citi-Wide, jointly and severally, for the balance of delinquent contributions under the Second Stipulation in the amount of $19,991.91 and interest thereon in the amount of $7,394.43 through March 31, 2008,1 and accruing at $2.88 per diem until the date final judgment is entered; it is further ORDERED that JUDGMENT BE ENTEREDagainst Gorman, in his individual capacity, and Citi-Wide, jointly and severally, for the Additional Unpaid Contributions in the amount of $70,727.80; it is further ORDERED that Judgment be entered against Citi-Wide for interest on the Additional Unpaid Contributions in the amount of $14,690.16 through March 31, 2008,2 accruing at a rate of $8.80 per diem until the date final judgment is entered; it is further ORDERED that Judgment be entered against Citi-Wide for liquidated damages in the amount equal to the interest awarded on the Additional Unpaid Contributions on the date judgment is entered; it is further ORDERED that Judgment be entered against Citi-Wide for the total value of the five dishonored checks in the amount of $31,079.83 and interest thereon in the amount of $8,423.84 through March 31, 2008, and accruing at the rate of $4.20 to the date final judgment is entered; it is further ORDERED that Judgment be entered against Citi-Wide for $54,000.00 in attorneys' fees and $2,368 in costs. The Clerk of the Court is directed to enter judgment in favor of plaintiff as set forth in the court's order and that the file in this matter be closed. SO ORDERED by Judge Dora Lizette Irizarry on 08/20/08. (Irizarry, Dora)