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05-1385 - Engineers Joint Welfare, Pension, Supplemental Unemployment Benefit and Training Funds et al v. BDR Inc. et al


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05-1385 - Engineers Joint Welfare, Pension, Supplemental Unemployment Benefit and Training Funds et al v. BDR Inc. et al
September 29, 2006
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ORDERED that the 8 Motion for Default Judgment is Granted with respect to the first, second, fourth, and fifth causes of action; that this matter is referred to the Honorable George H. Lowe for the purpose of conducting a hearing, or soliciting affidavits and documentary evidence, pursuant to Rule 55 of the Federal Rules of Civil Procedure to take an account or to determine the amount of plaintiffs' damages and the scope of the audit and that Magistrate Judge Lowe prepare and forward to the undersigned a Report and Recommendation regarding the type and amount of such damages upon which he determines plaintiffs are entitled to have judgment entered as well as the scope of the audit; that the Court retains jurisdiction over the third and sixth causes of action matter pending the findings of the audit. Signed by Judge Norman A. Mordue on 9/29/06. (jlr/sr)
April 23, 2008
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REPORT AND RECOMMENDATIONS - It is RECOMMENDED that the Clerk enter judgment in plaintiffs' favor and against defendant in the sum of $12,915.43, and should plaintiff's request interest and statutory authorized additional amount of damages incurred, they be awarded that interest and additional amount of damages, assuming they use the same rates to calculate that interest and additional amount of damages; and it is RECOMMENDED the Court issue an Order requiring defendants to produce their records for the period 12/04 to date, so that plaintiffs may subject them to an audit; requiring defendant's to pay the cost and expense of such an audit and all fees and requiring defendant to pay all contributions, deductions, interest and other damages determined to be due and owing as a result of that audit. Objections to R&R due by 5/7/2008 Case Review Deadline 5/13/2008. Signed by Magistrate Judge George H. Lowe on 4/223/08. (mnm)
June 2, 2008
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ORDER adopting and approving 17 Report and Recommendations. The plaintiff's 8 Motion for Default is granted and the clerk is directed to enter judgment in plaintiffs' favor and against defendants, in the sum of $13,861.35, the sum of which is $12,915.43, plus $452.74 in interest from December 5, 2006, through May 13, 2008, and $493.18 in liquidated damages. The Clerk is directed to serve all parties a copy of this Order and Magistrate Judge Lowe. Signed by Chief Judge Norman A. Mordue on 6/2/08. (mnm)