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07-4697 - La Barbera et al v. Almar Plumbing & Heating Corporation


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07-4697 - La Barbera et al v. Almar Plumbing & Heating Corporation
August 1, 2008
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REPORT AND RECOMMENDATIONS re 4 MOTION for Default Judgment as to Almar Plumbing & Heating Corporation filed by Gary LaBarbera, Frank Finkel. For the reasons set forth in the attached Report and Recommendation, I respectfully recommend that a judgment of $3,695.90 be entered against defendant. This award reflects $1,315.53 in interest and liquidated damages, $2,077.87 in attorneys' fees and costs, and $302.50 in audit fees. I further recommend that plaintiffs' request for injunctive relief be denied. Objections to R&R due by 8/18/2008. Ordered by Magistrate Judge Joan M. Azrack on 7/31/08. (Reddy, Vamshi)
August 20, 2008
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ORDER granting 4 Motion for Default Judgment; adopting Report and Recommendations as to 9 Report and Recommendations -- No objections have been filed to the Report and Recommendation of the Honorable Joan M. Azrack, U.S.M.J., dated July 31, 2008, and, upon consideration, the Report and Recommendation is hereby ADOPTED in full. Accordingly, it is hereby ORDERED that plaintiffs' motion for default judgment having previously been granted, the plaintiffs are awarded damages against the defendant in the amount of $3,695.90. This award reflects $1,315.53 in interest and liquidated damages, $2,077.87 in attorneys' fees and costs, and $302.50 in auditor's fees. Additionally, plaintiffs' request for injunctive relief is DENIED. SEE ATTACHED WRITTEN ORDER FOR DETAILS. It is further hereby ORDERED that service of a copy of this Electronic Order and the Attached Written Order on defendants shall be made by the plaintiffs within five (5) days of the date of this Order and proof thereof shall be filed with the court via ECF immediately thereafter. The Clerk of the Court is directed to close the file maintained in this case. SO ORDERED by Judge Dora Lizette Irizarry on 08/20/08. (Irizarry, Dora)