United Food & Commercial Workers Local 348 Pension Fund et al v. Franklin Poly Corp., No. 1:2012cv05837 - Document 19 (E.D.N.Y. 2013)

Court Description: ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report and Recommendation of Magistrate Judge Vera M. Scanlon, dated August 7, 2013, to which no objections have been filed, is adopted in its entirety. The Court grants Plaintiff's motion for a de fault judgment and directs the Clerk of the Court to enter judgment in the amount of $88,993.54, consisting of: (1) $43,820.00 in withdrawal liability; (2) $21,199.27 in interest, with additional interest to be calculated at a rate of $22.61 per day from July 9, 2013 through the date of final judgment; (3) $21,199.27 in liquidated damages, with additional liquidated damages to be calculated at a rate of $22.61 per day from July 9, 2013 through the date of final judgment; (4) $2,312.50 in attorney's fees; and (6) $462.50 in costs. Ordered by Judge Margo K. Brodie on 8/27/2013. (Thomas, Alora)

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United Food & Commercial Workers Local 348 Pension Fund et al v. Franklin Poly Corp. Doc. 19 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------------------------------UNITED FOOD & COMMERCIAL WORKERS LOCAL 348 PENSION FUND BY ITS BOARD OF TRUSTEES STANLEY FLEICHMAN, EDWIN LYNCH and RICHARD WHELAN, ORDER 12-CV-5837 (MKB) Plaintiff, v. FRANKLIN POLY CORP., Defendant. ---------------------------------------------------------------MARGO K. BRODIE, United States District Judge: The Report and Recommendation of Magistrate Judge Vera M. Scanlon, dated August 7, 2013, to which no objections have been filed, is adopted in its entirety. The Court grants Plaintiff’s motion for a default judgment and directs the Clerk of the Court to enter judgment in the amount of $88,993.54, consisting of: (1) $43,820.00 in withdrawal liability; (2) $21,199.27 in interest, with additional interest to be calculated at a rate of $22.61 per day from July 9, 2013 through the date of final judgment; (3) $21,199.27 in liquidated damages, with additional liquidated damages to be calculated at a rate of $22.61 per day from July 9, 2013 through the date of final judgment; (4) $2,312.50 in attorney’s fees; and (6) $462.50 in costs. SO ORDERED: s/MKB MARGO K. BRODIE United States District Judge Dated: August 27, 2013 Brooklyn, New York Dockets.Justia.com

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