Vacca et al v. Country Ford LTD. et al

Filing 76

ADOPTION ORDER - It is ORDERED, that Judge Browns 73 Report and Recommendation dated August 20, 2014 is adopted except to the extent the Report recommends that the Plaintiffs request for attorneys fees be denied; and it is further ORDERED, that th e Plaintiffs 68 motion for default judgment as to Country Ford is granted, and the Plaintiffs are awarded the aggregate sum of $156,294.12, which includes $92,435.00 in withdrawal liability, $31,674.56 in interest, $31,674.56 in liquidated damages, and $510.00 in legal costs, as against all the Defendants; and it is further ORDERED, that the Plaintiffs objections to the Report and Recommendation are granted to the extent the Court permits introduction of previously un -filed contemporaneous time records and the Plaintiffs are awarded $10,812.50 in attorneys fees based on those records. The Plaintiffs objections are otherwise denied; and it is further ORDERED, that that the Clerk of the Court is directed to enter judgment as set forth above, and it is further ORDERED, that upon the entry of judgment, the Clerk is directed to close this case. So Ordered by Judge Arthur D. Spatt on 9/11/2014. C/ECF Judgment Clerk. (Coleman, Laurie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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STATE FARM FIRE AND CASUALTY
COMPANY, as subrogee of SUZANNE AGURKIS,
JUDGMENT
CV-13-4608 (ADS)(AKT)
Plaintiffs,
- against ADVANCED CHIMNEY, INC.,
Defendant.
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An Order of Honorable Arthur D. Spatt, United States District Judge, having been filed
on September 8, 2014, adopting in its entirety the August 11, 2014 Report and Recommendation
of Magistrate Judge A. Kathleen Tomlinson, granting Plaintiffs’ motion for an award of damages
against the Defendant in the amount of $173,845.55 in damages for losses incurred,
pre-judgment interest to be calculated separately for each of Plaintiff’s nineteen payments from
the date on which payment was made through the date of entry of judgment at the rate of 9% per
annum, post-judgment interest on its monetary award, to be calculated pursuant to 28 U.S.C. §
1961, and directing the Clerk of Court to enter judgment accordingly and to close this case, it is
ORDERED AND ADJUDGED that Plaintiffs’ motion for an award of damages against
the Defendant is granted in the amount of $173,845.55 in damages for losses incurred,
pre-judgment interest to be calculated separately for each of Plaintiff’s nineteen payments from
the date on which payment was made through the date of entry of judgment at the rate of 9% per
annum, and post-judgment interest on its monetary award, to be calculated pursuant to 28 U.S.C.
§ 1961; and that this case is hereby closed.

Dated: Central Islip, New York
September 11, 2014
DOUGLAS C. PALMER
CLERK OF THE COURT
By:

/s/ Catherine Vukovich
Deputy Clerk