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17-1040 - Flanagan, as a Trustee of the General Building Laborers' Local 66 Vacation Fund et al v. Odessy Construction Corp.


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17-1040 - Flanagan, as a Trustee of the General Building Laborers' Local 66 Vacation Fund et al v. Odessy Construction Corp.
February 9, 2018
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REPORT AND RECOMMENDATIONS re 12 First MOTION for Default Judgment. This Court respectfully recommends to Judge Hurley that Plaintiff's motion for a default judgment be GRANTED, in part, and DENIED, in part, in accordance with the attached Report and Recommendation. Objections, if any, must be filed in accordance with this Order. SEE ATTACHED REPORT AND RECOMMENDATION for details. Plaintiff's counsel is directed to serve a copy of this Report and Recommendation upon the Defendant forthwith by overnight mail and first class mail and to file proof of such service on ECF. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/9/2018. (McCuiston, Hannah)
March 6, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court adopts the February 9, 2018 Report and Recommendation of Judge Tomlinson as if set forth herein. Accordingly, IT IS HEREBY ORDERED that the plaintiffs' motion for a default judgment is granted to the extent that Plaintiffs are awarded the following damages: $12,652.77 for unpaid contributions, pre-judgment interest on unpaid contributions through January 3, 2018 in the amount of $1,993.69, liquidated damages in the amount of $2,530.54, $1,750 in attorneys' fees, and $535.00 in costs and disbursements for a total award of $19,462.00; the request for a permanent injunction is denied. The Clerk of Court is enter judgment accordingly and to close this case. Ordered by Judge Denis R. Hurley on 3/6/2018. (Gapinski, Michele)