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07-669 - La Barbera et al v. Empire State Trucking, Inc.


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07-669 - La Barbera et al v. Empire State Trucking, Inc.
March 19, 2008
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MEMORANDUM AND ORDER: ORDER ADOPTING REPORT AND RECOMMENDATIONS: In this case, objections to Magistrate Judge Levy's recommendations were due within 10 days of receipt of the February 26, 2008 decision, or at the latest by March 7, 2008. No objections to the Report were filed with this Court. Upon review of the recommendations, this Court adopts and affirms Magistrate Judge Levy's Report in its entirety. So Ordered by Senior Judge Sterling Johnson, Jr on 3/17/2008. (Toribio, Winnethka)
March 28, 2008
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CLERK'S JUDGMENT It is Ordered and Adjudged that the Report and Recommendation of Magistrate Judge Roanne L. Mann is adopted and affirmed in its entirety; that judgment is hereby entered in favor of plaintiffs, Gary La Barbera and Frank Finkel, Trustees of Local 282 International Brotherhood of Teamsters Welfare,Pension, Annuity, Job Training and Vacation Sick Leave Trust Funds, and against defendant, Empire State Trucking, Inc., awarding plaintiffs unpaid principal of $103,900.17 from the August 2006 through May 2007; (b) interest on the unppaid principal at a rate of 18% from August 1, 2006 to May 31, 2007 in the amount of $30,589.35; (c) liquidated damages of $30,010.14; (d) attorney's fees of $6,838.50; and (e) reasonable costs of $485.03, for a total judgment of $171,826.19; and that plaintiff's request for injunctive relief is denied. (See attached). Ordered by Clerk of Court on March 21, 2008. (Rocco, Christine)