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05-5131 - Trustees of the Local 813 I.B.T. Insurance Trust Fund et al v. J & M Recycling, Inc. et al


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05-5131 - Trustees of the Local 813 I.B.T. Insurance Trust Fund et al v. J & M Recycling, Inc. et al
October 18, 2007
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REPORT AND RECOMMENDATIONS re 7 MOTION for Entry of Default filed by Local 813 I.B.T. Pension Trust Fund, Local 813 and Local 1034 Severance Trust Fund, Trustees of the Local 813 I.B.T. Insurance Trust Fund, 1 Complaint, filed by Local 813 I.B.T. Pension Trust Fund, Local 813 and Local 1034 Severance Trust Fund, Trustees of the Local 813 I.B.T. Insurance Trust Fund. Recommended that damages, interest and costs be awarded in favor of Plaintiffs against Defendants. Recommended that Plaintiffs be denied attorneys' fees. Objections to R&R due by 11/1/2007. Ordered by Judge Joan M. Azrack on 10/18/07. (Bodah, Daniel)
March 14, 2008
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ORDER ADOPTING 8 REPORT AND RECOMMENDATIONS of Magistrate Judge Azrack in its entirety as the opinion of the Court. Accordingly, it is ordered that the plaintiffs be awarded a total of $46,709.78, and that the plaintiffs' request for attorneys' fees is denied. The Clerk is directed to enter Judgment and close the case. Ordered by Judge Eric N. Vitaliano on 3/14/2008. (Fwd'd for judgment) (Brucella, Michelle)
March 14, 2008
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JUDGMENT in favor of J & M Recycling, Inc., Michael Faraca against Local 813 I.B.T. Pension Trust Fund, Local 813 and Local 1034 Severance Trust Fund, Trustees of the Local 813 I.B.T. Insurance Trust Fund, ORDER ADOPTING REPORT AND RECOMMENDATIONS ORDERED, ADJUDGED AND DECREED: That the Report and Recommendation of Magistrate Judge Joan M. Azrack is adopted and the defendants motion to dismiss is granted, that the action is dismissed, and that the Plaintiffs, the Trustees of The Local 8113 I.B.T. Insurance Trust Fund, the Local 813 1.B.T. Pension Trust Fund, and the Local 813 AND 1034 Severance Trust Fund, do recover jointly and severally of J & M Recycling Inc. and Michael Faraca -$39,287.95 in unpaid contributions- $7,071.83 in interest on these unpaid contributions and $350.00 in costsfor a total judgment of $46,709.78. All relief not expressly granted herein is denied. The Clerk of the Court is directed to enter Judgment and close this case.. Ordered by Judge Eric N. Vitaliano on 3/14/2008. (Credle, Rita)