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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)