Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

07-4211 - Trustees of the Local 807 Labor-Management Health Fund et al v. Express Haulage Co.


Download Files

Metadata

Document in Context
07-4211 - Trustees of the Local 807 Labor-Management Health Fund et al v. Express Haulage Co.
September 3, 2008
PDF | More
REPORT AND RECOMMENDATION re 4 The Court respectfully recommends that: 1) the arbitration Award granting plaintiffs $35,609.28 in delinquent contributions, $1,607.24 in interest with $17.24 accruing per day from June 28, 2007, and $7,121.86 in liquidated damages be confirmed, with leave for plaintiffs to submit documents in support of their request for prejudgment interest; 2) plaintiffs be awarded $936,193.00 in withdrawal liability, with interest assessed at 18% per annum from June 12, 2007 and liquidated damages equal to the amount of interest, and 3) that defendant be Ordered to submit to an audit of its books and records for the period from July 1, 2005 to December 20, 2006. The Court further recommends that plaintiffs be awarded $1,200 in arbitration fees, $8,467.50 in attorneys fees, and $707.22 in costs, for a total award of $1,412,022.84. Objections to R&R due by 9/22/2008. So Ordered by Magistrate Judge Cheryl L. Pollak on 9/2/08. (Caggiano, Diana)
October 23, 2008
PDF | More
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 15 Report and Recommendations directing that Plaintiffs' motion for default judgment against deft is granted. The Clerk of Court is directed to enter judgment for plaintiffs in the total amount of $1,412,022.84, comprised of: (1)$35,609.28 in delinquent contributions as granted to plaintiffs by the Arbitration Award, $1,607.24 in interest, with $17.24 accruing per day from 6/28/08 and $7,121.86 in liquidated damages, (2)$936,193.00 in withdrawal liability, with interest assessed at 18% per annum from 6/12/07 and liquidated damages equal to the amount of interest; (3) $1,200.00 in arbitration fees; (4)$8,467.50; and (5)$707.22 in costs; The Clerk of Court is further directed to enter an injunction pursuant to 1132(g)(2)(E) of the Employee Retirement Income Security Act of 1974, ordering deft to submit to an audit of its books and records for the period from 7/1/05 to 12/20/06. The Clerk of Court is also directed to close this case. Ordered by Senior Judge Nina Gershon on 10/22/08. (fwd for judgment) (Fernandez, Erica)