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07-1731 - La Barbera et al v. J&A Concrete Corp.


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07-1731 - La Barbera et al v. J&A Concrete Corp.
February 22, 2008
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REPORT AND RECOMMENDATIONS re 3 MOTION for Default Judgment as to J & A Concrete Corp. filed by Gary La Barbera, Frank Finkel. Objections to R&R due by 3/14/2008 -- For the reasons set forth in the attached document, I respectfully recommend that the court enter an order awarding the plaintiffs judgment in the amount of $11,827.62, consisting of no award of unpaid contributions; $421.16 in interest on late-paid contributions; $6,013.26 in additional damages; $4,930.45 in reasonable attorneys' fees; and $462.75 in other litigation costs. I further recommend that the court order the defendant to permit and cooperate in an audit of its books and records, subject to the limitations discussed in the attached document, and that the court permit the plaintiffs within thirty days of the completion of the audit to adduce proof of the amount of unpaid contributions owed to them by the defendant for the months of May and June of 2007, and to petition the court to amend the judgment to reflect any additional award of damages and prejudgment interest that might be appropriate. Finally, I recommend that the court deny the plaintiffs' request for permanent injunctive relief. SEE ATTACHED DOCUMENT. Ordered by Magistrate Judge James Orenstein on February 22, 2008. (Roehm, Scott)
April 1, 2008
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a)ORDER GRANTING 3 Motion for Default Judgment; AND MODIFYING IN PART AND ADOPTING IN PART 9 Report and Recommendations -- For the reasons set forth in the ATTACHED WRITTEN ORDER, the Report and Recommendation issued by U. S. Magistrate Judge James Orenstein on February 22, 2008, is adopted in all respects except to the extent that plaintiffs' attorney Schreiber's fee rate is modified to $275 per hour, increasing the total attorneys' fees to $5,029.90. The total amount of damages is $11,927.07. Defendant is directed to provide to plaintiffs forthwith any and all records relating to its contributions to the Funds for May and June of 2007. Upon completing their audit, plaintiffs shall submit any request for additional contributions to Magistrate Judge Orenstein for his review and report and recommendation, on or before April 30, 2008 or provide a status report, via ECF, as to why such request could not be submitted. Plaintiffs shall serve a copy of this Electronic Order and the ATTACHED WRITTEN ORDER on defendant within five (5) days of the date of this ORDER and file proof of such service via ECF within five (5) days thereof. SO ORDERED by Judge Dora Lizette Irizarry on 03/31/08. (Irizarry, Dor
April 17, 2008
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CLERK'S JUDGMENT, ORDERED and ADJUDGED that the Report and Recommendation of M.J. Orenstein is adopted in all respects except to the extent that atty Avram Schreibers fee rate is modified to $275.00 per hour, increasing the total attys fees awarded to $5,029.90; that judgment is hereby entered in favor of pltff, Gary LaBarbera and Frank Finkel, and against defendant, J & A Concrete Corp., awarding pltffs judgment in the amount of $11,927.43, consisting of no award of unpaid contributions; $421.16 in interest on late-paid contributions; $6,013.62 in addt'l damages; and $462.75 in other litigation costs; that deft is directed to provide pltffs forthwith any and all records rel. to its contributions to the Funds for May and June 2007; and that upon completing their audit, pltff shall submit any request for addt'l contribution to MJ Orenstein for his review and report and recommendation, on or before April 30, 2008 or provide a status report, via ECF, as to why such request could not be submitted; and is further, ORDERED and ADJUDGED that plaintiffs request for permanent injunctive relief is denied. (Ordered by Robert C. Heinemann, Clerk of Court on 4/17/08). (C-E/M) (Layne, Monique)
June 25, 2008
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REPORT AND RECOMMENDATIONS re 15 SUPPLEMENTAL MOTION for Default Judgment filed by Gary La Barbera. Objections to R&R due by 7/21/2008 -- For the reasons set out in the attached document, I respectfully recommend that the court amend its judgment, docket entry 12, to award the plaintiffs an additional $15,615.59 in damages for the months of May and June of 2007, consisting of $12,719.46 in unpaid contributions, $352.23 in interest on those contributions, and $2,543.90 in additional damages. SEE ATTACHED DOCUMENT. Ordered by Magistrate Judge James Orenstein on June 25, 2008. (Roehm, Scott)
July 22, 2008
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ORDER granting 15 Motion for Default Judgment and adopting Report and Recommendations as to 16 Report and Recommendations. See order for full details. The Clerk of the Court is directed to enter judgment accordingly and to close the file maintained in this matter. So Ordered by Judge Dora Lizette Irizarry on 7/22/2008. (Irizarry, Dora)