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15-512 - Upstate New York Engineers Health Fund et al v. Oneidaview Pile Driving, Inc. et al


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15-512 - Upstate New York Engineers Health Fund et al v. Oneidaview Pile Driving, Inc. et al
September 23, 2016
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DECISION and ORDERED, that Plaintiffs Motion for Default Judgment (Dkt. No. 17) is DENIED with leave to refile; and it is further ORDERED, that if Plaintiffs fail to file a revised motion for default judgment within sixty (60) days of this Decision and Order, then this action shall, without further order of the Court, be dismissed without prejudice. Signed by Senior Judge Lawrence E. Kahn on September 23, 2016. (sas)
January 30, 2017
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DECISION AND ORDERED, that Plaintiffs Motion for Default Judgment (Dkt. No. 17) is GRANTED; and it is further ORDERED, that Plaintiffs are awarded $59,936.77 plus post-judgment interest at the rate pursuant to 28 U.S.C. § 1961 against defendant Oneidaview Pile Driving, Inc., consisting of: (1) $15,886.92 in unpaid contributions and deductions, (2) $17,308.19 in interest, (3) $16,836.46 in liquidated damages, and (4) $5,932.20 in attorneys fees and costs; and it is further ORDERED, that of the $59,936.77 award against Oneidaview, Stanfield is jointly and severally liable for $25,106.92 plus post-judgment interest at the rate pursuant to 28 U.S.C. § 1961, consisting of: (1) $14,811.96 in unpaid contributions, (2) $4,362.76 in prejudgment interest, and (3) $5,932.20 in attorneys fees and costs. Signed by Senior Judge Lawrence E. Kahn on January 30, 2017. (sas)
April 25, 2017
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AMENDED DECISION AND ORDERED, that Plaintiffs Motion for Default Judgment (Dkt. No. 17) is GRANTED; and it is further ORDERED, that Plaintiffs are awarded $55,963.77 plus post-judgment interest at the rate pursuant to 28 U.S.C. § 1961 against defendant Oneidaview Pile Driving, Inc., consisting of: (1) $15,886.92 in unpaid contributions and deductions, (2) $17,308.19 in interest, (3) $16,836.46 in liquidated damages, and (4) $5,932.20 in attorneys fees and costs; and it is further ORDERED, that of the $55,963.77 award against Oneidaview, Stanfield is jointly and severally liable for $25,106.92 plus post-judgment interest at the rate pursuant to 28 U.S.C. § 1961, consisting of: (1) $14,811.96 in unpaid contributions, (2) $4,362.76 in prejudgment interest, and (3) $5,932.20 in attorneys fees and costs; and it is further ORDERED, that the Courts judgment issued on January 21, 2017 (Dkt. No. 23) is VACATED, and the Clerk of the Court shall enter a revised judgment in accordance with this Amended Decision and Order. Signed by Senior Judge Lawrence E. Kahn on April 25, 2017. (sas)