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07-2051 - La Barbera et al v. Modern Continental Construction Co., Inc.

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07-2051 - La Barbera et al v. Modern Continental Construction Co., Inc.
March 19, 2008
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Molly)REPORT AND RECOMMENDATIONS re 6 MOTION for Default Judgment as to Modern Continental Construction Co., Inc. filed by Gary La Barbera, Frank Finkel: By order dated July 27, 2007, the Honorable Eric N. Vitaliano, United States District Judge, referred plaintiffs motion for entry of a default judgment to me to conduct a damages inquest and issue a report and recommendation. For the reasons stated in the attached Report and Recommendation, I respectfully recommend that plaintiffs motion be granted in part and denied in part, with leave granted to file additional documentation within 30 days. As to the portions of plaintiffs motion that should be granted, I recommend that they be awarded a total of $68,610.86, plus interest on $34,398.24 in unpaid contributions. Any objections to this Report and Recommendation must be filed with the Clerk of Court, with courtesy copies to Judge Vitaliano and to my chambers, within ten (10) business days. Failure to file objections within the specified time waives the right to appeal the district courts order. See 28 U.S.C. ยง 636(b)(1); Fed. R. Civ. P. 72, 6(a), 6(e). Ordered by Magistrate Judge Robert M. Levy on March 19, 2008. See attached Report and Recommendation. (Kovel,
April 30, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS in its entirety as the opinion of the Court. It is ordered that Judgment of $68,610.86 plus interest on $34,398.24. in unpaid contributions be entered by the Clerk for plaintiffs against defendant. Plaintiffs are granted leave to file the remittance reports necessary to review their calculations for October and December 2006 and for March and April 2007 within 30 days. Ordered by Judge Eric N. Vitaliano on 4/30/2008. Forwarded for judgment. c/m. (Zoupaniotis, Evan)