Gina M. Alongi, as she is Administrator, International Union of Operating Engineers Local 4 Annuity and Savings Fund v. Conway

Filing 11

REPORT AND RECOMMENDATIONS re 6 Motion for Default Judgment, recommending that it be Plaintiff recovers damages. Follow up on Objections to R&R on 2/26/2010. Signed by Magistrate Judge James R. Muirhead. (mm)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Gina M. Alongi v. Gerard D. Conway REPORT AND RECOMMENDATION Civil No. 09-cv-330-PB

Defendant has failed to appear and has been defaulted. A damages hearing was held on February 9, 2010. Plaintiff

appeared and proceeded by proffer and moving the admission of the affidavits of Gina M. Alongi and Mary T. Sullivan, Esq. that plaintiff is entitled to the following damages: A. B. C. D. Employee elective deferral amounts owed to the Fund Prejudgment interest on delinquent unpaid contributions Attorneys' Fees to date pursuant to § 1132(g) Costs TOTAL I recommend that the following Order be entered: It is hereby ORDERED, ADJUDGED AND DECREED that plaintiff recovers from defendant Gerard D. Conway the principal $10,173.66 2,580.59 1,620.00 436.49 $14,810.74 I find

amount of $10,173.66, interest on the delinquent employee elective deferral contributions in the amount of $2,580.59, costs of $436.49, and attorney's fees to date in the amount of $1,620.00, for a total judgment of $14,810.74 with interest as provided by law. Any objections to this report and recommendation must be filed within fourteen (14) days of receipt of this notice. Failure to file objections within the specified time waives the right to appeal the district court's order. See Unauthorized

Practice of Law Comm. v. Gordon, 979 F.2d 11, 13-14 (1st Cir. 1992); United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir. 1986). _________________________________ James R. Muirhead United States Magistrate Judge Date: February 9, 2010 cc: Mary T. Sullivan, Esq.

2