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15-903 - Upstate New York Engineers Health Fund et al v. South Buffalo Electric, Inc. et al


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15-903 - Upstate New York Engineers Health Fund et al v. South Buffalo Electric, Inc. et al
March 29, 2017
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MEMORANDUM-DECISION AND ORDERED, that Plaintiffs First Default Motion (Dkt. No. 20) and Second Default Motion (Dkt. Nos. 24, 25) are GRANTED in part and DENIED in part; and it is further ORDERED, that Plaintiffs are awarded $200,117.83 plus post-judgment interest at the rate pursuant to 28 U.S.C. § 1961 against defendant South Buffalo Electric, Inc., consisting of: (1) $171,459.20 in unpaid contributions and deductions, (2) $10,944.50 in interest and liquidated damages under for late payments under the LMRA, and (3) $17,714.13 in attorneyss fees and costs; and it is further ORDERED, that Plaintiffs may file a motion to amend this judgment within twenty-eight (28) days of this Memorandum-Decision and Order to include the following, as to South Buffalo: (1) unpaid contributions and deductions from July 23, 2015 through December 2015, (2) interest on withheld payments, and (3) liquidated damages; and it is further ORDERED, that of the $200,117.83 award against South Buffalo, the Paolinis are jointly and severally liable for $189,173.33 plus post-judgment interest at the rate pursuant to 28 U.S.C. § 1961, consisting of: (1) $171,459.20 in unpaid contributions and deductions, and (2) $17,714.13 in attorneys fees and costs; and it is further ORDERED, that Plaintiffs may file a motion to amend this judgment within twenty-eight (28) days of this Memorandum-Decision and Order to include the following, as to the Paolinis: (1) unpaid contributions and deductions from July 23, 2015 through December 2015, and (2) prejudgment interest on withheld payments; and it is further ORDERED, that Plaintiffs request for injunctive relief is DENIED. Signed by Senior Judge Lawrence E. Kahn on March 29, 2017. (sas)
October 6, 2017
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DECISION AND ORDERED, that Plaintiffs Motion for Reconsideration (Dkt. No. 29) is GRANTED in part and DENIED in part; and it is further ORDERED, that Plaintiffs are awarded $346,650.16 plus post-judgment interest at the rate pursuant to 28 U.S.C. § 1961 against defendant South Buffalo Electric, Inc., consisting of (1) $200,176.07 in unpaid contributions and deductions, (2) $46,926.64 in interest due to unpaid and late paid contributions, (3) $70,888.82 in liquidated damages due to unpaid and late paid contributions, (4) $10,944.50 in interest and liquidated damages for late payments under the LMRA, and (5) $17,714.13 in attorneys fees and costs; and it is further ORDERED, that of the $346,650.16 awarded against South Buffalo, the Paolinis are jointly and severally liable for $217,890.20 plus post-judgment interest at the rate pursuant to 28 U.S.C. § 1961, consisting of (1) $200,176.07 in unpaid contributions and deductions, and (2) $17,714.13 in attorneys fees and costs; and it is further ORDERED, that Plaintiffs request for injunctive relief is DENIED; and it is further ORDERED, that Plaintiffs request for additional attorneys fees and costs is DENIED; and it is further ORDERED, that Plaintiffs may file supplemental affidavits within thirty days of this Decision and Order as to the following: (1) unpaid contributions and deductions from July 23, 2015 through December 2015, and (2) prejudgment interest on withheld payments. Signed by Senior Judge Lawrence E. Kahn on October 6, 2017. (sas)
September 6, 2018
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AMENDED DECISION AND ORDERED, that Plaintiffs Motion for Reconsideration (Dkt. No. 29) is GRANTED in part and DENIED in part; and it is further ORDERED, that Plaintiffs are awarded $346,650.16 plus post-judgment interest at the rate pursuant to 28 U.S.C. § 1961 against defendant South Buffalo Electric, Inc., consisting of (1) $200,176.07 in unpaid contributions and deductions, (2) $46,926.64 in interest due to unpaid and late paid contributions, (3) $70,888.82 in liquidated damages due to unpaid and late paid contributions, (4) $10,944.50 in interest and liquidated damages for late payments under the LMRA, and (5) $17,714.13 in attorneys fees and costs; and it is further ORDERED, that of the $346,650.16 awarded against South Buffalo, the Paolinis are jointly and severally liable for $217,890.20 plus post-judgment interest at the rate pursuant to 28 U.S.C. § 1961, consisting of (1) $200,176.07 in unpaid contributions and deductions, and (2) $17,714.13 in attorneys fees and costs; and it is further ORDERED, that, consistent with the Mandate (Dkt. No. 40) of the United States Court of Appeals for the Second Circuit, Plaintiffs claim for injunctive relief is DISMISSED as moot; and it is further ORDERED, that Plaintiffs request for additional attorneys fees and costs is DENIED; and it is further ORDERED, that Plaintiffs may file supplemental affidavits within thirty days of this Decision and Order as to the following: (1) unpaid contributions and deductions from July 23, 2015 through December 2015, and (2) prejudgment interest on withheld payments; and it is further ORDERED, that the Clerk of the Court shall enter an amended judgment in accordance with this Decision and Order. Signed by Senior Judge Lawrence E. Kahn on September 06, 2018. (sas)