Ferrara et al v. CMR Contracting LLC et al

Filing 35

JUDGMENT - ORDERED AND ADJUDGED that judgment is entered in favor of plaintiffs and against defendants as follows: with respect to CMR Contracting LLC, (1) $172,569.92 in unpaid employee benefit contributions; (2) $115,987.36 in interest, p lus additional interest in the amount of $4,084.80; (3) $115,987.36 in liquidated damages, plus additional liquidated damages in the amount of $4,084.80; (4) audit fees in the amount of $700.00; (5) $9,618.00 in attorneys fee s; and (6) $2,115.68 in costs, for a total monetary award of $425,147.92; with respect to LTU Industries Inc.: (1) $11,272.04 in unpaid employee benefit contributions; (2) $5,192.60 in interest, plus additional interest in the amo unt of $266.88; (3) $5,192.60 in liquidated damages, plus additional liquidated damages in the amount of $266.88; (4) audit fees in the amount of $3,109.88; (4) $8,482.00 in attorneys fees; and (6) $2,115.68 in costs, for a total monetary award of $35,898.56; and that this case is hereby closed. Signed by Catherine Vukovich, Deputy Clerk on 3/7/12. (Coleman, Laurie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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JOSEPH A. FERRARA, SR., FRANK H. FINKEL,
MARC HERBST, DENISE RICHARDSON, THOMAS
F. CORBETT, ANTHONY D’AQUILA, THOMAS
GESUALDI, LOUIS BISIGNANO, DOMINICK
MARROCCO, and ANTHONY PIROZZI, as Trustees
and Fiduciaries of the Local 282 Welfare Trust Fund,
the Local 282 Annuity Trust Fund, the Local 282 Job
Training Trust Fund, and the Local 282 Vacation and
Sick Leave Trust Fund,

JUDGMENT
CV-10-5905 (ADS)(ETB)

Plaintiffs,
- against CMR CONTRACTING LLC, and LTU INDUSTRIES
INC. a/k/a LTU INDUSTRY INC.,
Defendants.
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An Order of Honorable Arthur D. Spatt, United States District Judge, having been filed
on February 23, 2012, adopting in its entirety the January 20, 2012 Report and Recommendation
of Magistrate Judge E. Thomas Boyle; awarding plaintiffs damages with respect to CMR
Contracting LLC as follows: (1) $172,569.92 in unpaid employee benefit contributions; (2)
$115,987.36 in interest, with additional interest to be calculated at a rate of $85.10 per day from
January 20, 2012 through the date of judgment; (3) $115,987.36 in liquidated damages, with
additional liquidated damages to be calculated at a rate of $85.10 per day from January 20, 2012
through the date of judgment; (4) audit fees in the amount of $700.00; (5) $9,618.00 in attorney’s
fees; and (6) $2,115.68 in costs, for a total monetary award of $416,978.32 plus additional
interest and liquidated damages; awarding plaintiffs damages with respect to LTU Industries Inc.
as follows: (1) $11,272.04 in unpaid employee benefit contributions; (2) $5,192.60 in interest,
with additional interest to be calculated at a rate of $5.56 per day from January 20, 2012 through
the date of judgment; (3) $5,192.60 in liquidated damages, with additional liquidated damages to

be calculated at a rate of $5.56 per day from January 20, 2012 through the date of judgment; (4)
audit fees in the amount of $3,109.88; (4) $8,482.00 in attorney’s fees; and (6) $2,115.68 in
costs, for a total monetary award of $35,364.80, plus additional interest and liquidated damages;
and directing the Clerk of Court to enter judgment accordingly and to close this case, it is
ORDERED AND ADJUDGED that judgment is entered in favor of plaintiffs and
against defendants as follows: with respect to CMR Contracting LLC, (1) $172,569.92 in unpaid
employee benefit contributions; (2) $115,987.36 in interest, plus additional interest in the amount
of $4,084.80; (3) $115,987.36 in liquidated damages, plus additional liquidated damagesin the
amount of $4,084.80; (4) audit fees in the amount of $700.00; (5) $9,618.00 in attorney’s fees;
and (6) $2,115.68 in costs, for a total monetary award of $425,147.92; with respect to LTU
Industries Inc.: (1) $11,272.04 in unpaid employee benefit contributions; (2) $5,192.60 in
interest, plus additional interest in the amount of $266.88; (3) $5,192.60 in liquidated damages,
plus additional liquidated damages in the amount of $266.88; (4) audit fees in the amount of
$3,109.88; (4) $8,482.00 in attorney’s fees; and (6) $2,115.68 in costs, for a total monetary award
of $35,898.56; and that this case is hereby closed.

Dated: Central Islip, New York
March 7, 2012

DOUGLAS C. PALMER
CLERK OF THE COURT
By:

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/s/ Catherine Vukovich
Deputy Clerk