Empire State Carpenters Welfare, Pension, Annuity, Apprenticeship, Charitable Trust, Labor Management Cooperation, and Scholarship Funds and their Boards of Trustees v. Mitchener

Filing 25

DEFAULT JUDGMENT - ORDERED AND ADJUDGED that default judgment is entered against defendant Levi G. Mitchener d/b/a Mitchener Construction; that plaintiffs are awarded damages as follows: (I) unpaid employee benefit contributions in the amount of  6;58,148.41; (2) interest through April25, 2012 in the amount of $34,443.08, plus additional interest in the amount of $633.40; (3) audit fees in the amount of $5,805.83; (4) liquidated damages in the amount of $5,814.84; (5) post -judgment interest, to be calculated pursuant to 28 U.S.C. § 1961; (6) attorney's fees in the amount of$3,583.50; and (7) costs in the amount of $770.81, for a total monetary award of $109,181.31, plus additional post-judgment interest, its set forth above; and that this case is hereby closed. Ordered by Senior Judge Arthur D. Spatt on 5/30/12. (Coleman, Laurie)

Fl LED

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

IN CLERK'S OFFICE
U.S DISTRICT COURT E.D.N.Y

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EMPIRE STATE CARPENTERS WELFARE,
PENSION, ANNUITY, APPRENTICESHIP,
CHARITABLE TRUST, LABOR
MANAGEMENT CORPORATION, and
SCHOLARSHIP FUNDS, and their BOARD
OF TRUSTEES,

*

MAY 3 0 2012

*

LONG ISLAND OFFICE
DEFAULT JUDGMENT
CV-10-3030 (ADS)(ETB)

Plaintiffs,
-againstLEVI G. MITCHENER d/b/a MITCHENER
CONSTRUCTION,
Defendant.

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An Order of Honorable Arthur D. Spatt, United States District Judge, having been filed on May

24, 2012, adopting in its entirety the Apri125, 2012 Report and Recommendation of Magistrate Judge E.
Thomas Boyle, directing the Clerk of Court to enter a default judgment against the defendant in the
amounts recommended by Judge Boyle, and further directing the Clerk of Court to close this case, it is
ORDERED AND ADJUDGED that default judgment is entered against defendant Levi G.
Mitchener d/b/a Mitchener Construction; that plaintiffs are awarded damages as follows: (I) unpaid
employee benefit contributions in the amount of$58,148.41; (2) interest through April25, 2012 in the
amount of$34,443.08, plus additional interest in the amount of$633.40; (3) audit fees in the amount of
$5,805.83; (4) liquidated damages in the amount of$5,814.84; (5) post-judgment interest, to be
calculated pursuant to 28 U.S.C. § 1961; (6) attorney's fees in the amount of$3,583.50; and (7) costs in
the amount of$770.81, for a total monetary award of$109,181.31, plus additional post-judgment
interest, its set forth above; and that this case is hereby closed.
Dated: Central Islip, New York
May 30,2012
DOUGLAS C. PALMER
CLERK OF THE COURT

By:

Is/ Catherine Vukovich
Deputy Clerk