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United States District Court Eastern District of New York
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USCOURTS
Judicial Publications
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2015-01-27
Administrative Office of the United States Courts
2008-10-23
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JU 4.15
https://www.govinfo.gov/app/details/USCOURTS-nyed-1_07-cv-04211
P0b002ee18ac15f28
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2015-01-27
2015-01-27
USCOURTS-nyed-1_07-cv-04211
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eng
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USCOURTS
USCOURTS-nyed-1_07-cv-04211
District
nyed
2nd
New York
2351
1:07-cv-04211
Brooklyn
civil
791
Employee Retirement Income Security Act (ERISA)
29:1132 E.R.I.S.A.-Employee Benefits
Trustees of the Local 807 Labor-Management Health Fund et al v. Express Haulage Co.
1:07-cv-04211
https://www.govinfo.gov/app/details/USCOURTS-nyed-1_07-cv-04211
JU 4.15
1:07-cv-04211;07-4211
United States District Court Eastern District of New York
2nd Circuit
Brooklyn
U.S. Courts
author
aut
Express Haulage Co.
Express Haulage Co.
Defendant
Trustees of the Local 807 Labor-Management Health Fund
Trustees of the Local 807 Labor-Management Health Fund
Plaintiff
Trustees of the Local 807 Labor-Management Pension Fund
Trustees of the Local 807 Labor-Management Pension Fund
Plaintiff
USCOURTS
USCOURTS-nyed-1_07-cv-04211
District
nyed
2nd
New York
2351
1:07-cv-04211
Brooklyn
civil
791
Employee Retirement Income Security Act (ERISA)
29:1132 E.R.I.S.A.-Employee Benefits
New York
Trustees of the Local 807 Labor-Management Health Fund et al v. Express Haulage Co.
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)
0
2008-09-03
D09002ee18ad79e53
https://www.govinfo.gov/app/details/USCOURTS-nyed-1_07-cv-04211/USCOURTS-nyed-1_07-cv-04211-0
nyed-1_07-cv-04211_0.pdf
https://www.govinfo.gov/app/details/USCOURTS-nyed-1_07-cv-04211/USCOURTS-nyed-1_07-cv-04211-0
https://www.govinfo.gov/content/pkg/USCOURTS-nyed-1_07-cv-04211/pdf/USCOURTS-nyed-1_07-cv-04211-0.pdf
USCOURTS 1:07-cv-04211; Trustees of the Local 807 Labor-Management Health Fund et al v. Express Haulage Co.;
United States District Court Eastern District of New York
New York
USCOURTS-nyed-1_07-cv-04211-0
0
2008-09-03
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)
Trustees of the Local 807 Labor-Management Health Fund et al v. Express Haulage Co.
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)
1
2008-10-23
D09002ee18ad79e33
https://www.govinfo.gov/app/details/USCOURTS-nyed-1_07-cv-04211/USCOURTS-nyed-1_07-cv-04211-1
nyed-1_07-cv-04211_1.pdf
https://www.govinfo.gov/app/details/USCOURTS-nyed-1_07-cv-04211/USCOURTS-nyed-1_07-cv-04211-1
https://www.govinfo.gov/content/pkg/USCOURTS-nyed-1_07-cv-04211/pdf/USCOURTS-nyed-1_07-cv-04211-1.pdf
USCOURTS 1:07-cv-04211; Trustees of the Local 807 Labor-Management Health Fund et al v. Express Haulage Co.;
United States District Court Eastern District of New York
New York
USCOURTS-nyed-1_07-cv-04211-1
1
2008-10-23
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)