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07-4294 - The Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO et al v. Heritage Steel Corporation


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07-4294 - The Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO et al v. Heritage Steel Corporation
June 16, 2008
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REPORT AND RECOMMENDATIONS re 1 Complaint, filed by Chris Confrey, Francis P. Dimenna, Alfred Gerosa, John and Jane Doe, The Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO, John Cronin, John Hyers, John F. O'Hare, Daniel Noesges, Edwin L. Christian. For the reasons stated in this Report and Recommendation, this Court recommends that the District Court enter an order compelling defendant to submit to an audit (by plaintiffs' accountants) of defendant's payroll and other related records, for the period of July 1, 2004 through June 30, 2007, within ten days after service of the District Court's order upon defendant; that plaintiffs be directed to submit to the Court, within thirty days following the completion of said audit (but in no event after a date specified by the Court), a report detailing plaintiffs' claim for damages pursuant to 29 U.S.C. ยง 1132(g)(2); and that defendant be given three weeks thereafter to submit and serve any responsive papers. This Court further recommends that plaintiffs' request for fees and costs be denied without prejudice to renewal thereof upon the completion of the audit and any ensuing inquest proceeding. Objections to R&R due by 6/30/2008. Ordered by Magistrate Judge Roanne L. Mann on 06/16/08. (Mann, Roanne)
September 11, 2008
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ORDER ADOPTING 14 Report and Recommendations of Magistrate Judge Roanne L. Mann without de novo review. Ordered by Senior Judge Frederic Block on 9/10/2008. (Lee, Tiffeny)