United Food & Commercial Workers Local 348 Pension Fund et al v. Franklin Poly Corp.

Filing 19

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)

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