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15-1378 - Gesualdi et al v. Metropolitan Enterprises, Inc. et al


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15-1378 - Gesualdi et al v. Metropolitan Enterprises, Inc. et al
November 29, 2016
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MEMORANDUM OF DECISION & ORDER - On July 6, 2016, the Plaintiffs filed the present 19 motion, pursuant to Federal Rule of Civil Procedure (FED. R. CIV. P.) 37, seeking to strike the Defendants answer, and FED. R. CIV. P. 55, seeking to enter a default judgment against the Defendants. Accordingly, pursuant to its authority under FED. R. CIV. P. 37 and 55, and in its discretion, the Court grants the Plaintiffs motion in all respects. Therefore, the Defendants answer is stricken and the Court finds them to be in default. This matter is respectfully recommitted to Magistrate Judge Brown for a report and recommendation on damages, including the amount of costs and attorneys fees to be assessed, and whether any other relief is warranted. SEE ATTACHED DECISION for further details. So Ordered by Judge Arthur D. Spatt on 11/29/2016. Motion 19 referred to Judge Gary R. Brown. (Coleman, Laurie)
March 17, 2017
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ORDER - On March 1, 2017, Judge Brown issued a Report and Recommendation (the R&R), recommending that damages be awarded to the Plaintiffs as follows: $200,254.25 in unpaid contributions; $73,546.80 in accrued prejudgment interest through June 8, 2016; $73,546.80 in liquidated damages; $2,380 in audit fees; $7,234.75 in attorneys fees; and $806.59 in costs, for a total damages award of $357,769.19.On March 2, 2017, the Plaintiffs filed proof of service of the R&R on the Defendants. More than fourteen days have elapsed since service of the R&R, and the Defendants have neither filed an objection nor requested an extension of time to do so. Therefore, pursuant to 28 U.S.C. ยง 636(b) and FED. R. CIV. P. 72, this Court has reviewed the R&R for clear error, and finding none, now concurs in both its reasoning and its result. Accordingly, the March 1, 2017 Report and Recommendation is adopted in its entirety. The Clerk of the Court is respectfully directed to enter judgment in accordance with this Order, and to close this case. SEE ATTACHED ORDER for details. So Ordered by Judge Arthur D. Spatt on 3/17/2017. (Coleman, Laurie)