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03-637 - Rothwell v. Chenango Co. N.Y.S., et al


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03-637 - Rothwell v. Chenango Co. N.Y.S., et al
September 19, 2005
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MEMORANDUM-DECISION AND ORDER, that the clerk of the court enter judgment as follows: (1) as to Rothwell's first cause of action asserting a claim for benefits pursuant to 29 U.S.C. 1132(a)(1)(B), judgment is entered on behalf of Rothwell in the amount of $18,870.88 plus 9% simple interest from December 24, 2001, to the date of judgment; (2) as to Rothwell's second, third and fourth causes of action seeking equitable relief pursuant to 29 U.S.C. 1132(a)(3), judgment is entered on behalf of ARC, and the claims are dismissed as duplicative; (3) as to Rothwell's fifth cause of action seeking equitable relief, including punitive damages, because of discrimination and interference with her rights in violation of 29 U.S.C. 1132(a)(3), judgment is entered on behalf of ARC, and the claim is dismissed because Rothwell has failed to sustain her burden of proof; that as to Rothwell's application for attorneys fees, decision is reserved pending further submissions of the parties in accordance with the terms of this decision. Signed by Judge Gary L. Sharpe on 9/19/2005. (jel, )
January 17, 2006
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MEMORANDUM-DECISION AND ORDER, that ARC pay Rothwell's attorneys' fees and costs in the amount of $22,299.33. Signed by Judge Gary L. Sharpe on 1/17/2006. (jel, )