Demopoulos et al v. Advance Transit Co. Inc.

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS 11 for 9 Motion for Default Judgment,, filed by Stephen Malone, Demos P. Demopoulos, Michael Spinelli, William Cassese, John A. Curcio: The Court adopts the December 17, 2021 Report and Recommendatio n of Judge Lindsay as if set forth herein. Accordingly, IT IS HEREBY ORDERED that plaintiffs' motion for a default judgment against defendant is granted and plaintiffs are awarded $436,526.00 in withdrawal liability, $71,901.00 in inte rest through March 31, 2021, plus additional interest at a daily rate of $215.27 from March 31, 2021 through the date the judgment is entered, $87,305.20 in liquidated damages, $4,850.00 in attorneys' fees and $461.80 in costs. The Clerk of Court is directed to enter judgment accordingly and to close this case. Ordered by Judge Denis R. Hurley on 1/11/2022. (Gapinski, Michele)

Case 2:20-cv-05186-DRH-ARL Document 13 Filed 01/11/22 Page 1 of 2 PageID #: 114

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------------------------------X
DEMOS P. DEMOPOULOS, STEPHEN MALONE,
MICHAEL SPINELLI, WILLIAM CASSESE and
JOHN A. CURCIO as Trustee and Fiduciary of the
Local 854 Pension Fund,
-against-

Plaintiffs,

ORDER ADOPTING R&R
CV 20-5186 (DRH) (ARL)

ADVANCE TRANSIT CO. INC.,
Defendant.
---------------------------------------------------------------X
Presently before the Court is the Report and Recommendation of Magistrate
Judge Arlene R. Lindsay, dated December 17, 2021, recommending that plaintiffs'
motion for default judgment be granted and the plaintiffs be awarded $436,526.00 in
withdrawal liability, $71,901.00 in interest through March 31, 2021, plus additional
interest at a daily rate of $215.27 from March 31, 2021 through the date the judgment
is entered, $87,305.20 in liquidated damages, $4,850.00 in attorneys’ fees and $461.80
in costs. More than fourteen (14) days have passed since service of the Report and
Recommendation and no objections have been filed.
Pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72, this Court has reviewed
the Report and Recommendation for clear error, and finding none, now concurs in both
its reasoning and its result. Accordingly, the Court adopts the December 17, 2021
Report and Recommendation of Judge Lindsay as if set forth herein. Accordingly,
IT IS HEREBY ORDERED that plaintiffs’ motion for a default judgment
against defendant is granted and plaintiffs are awarded $436,526.00 in withdrawal
liability, $71,901.00 in interest through March 31, 2021, plus additional interest at a
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Case 2:20-cv-05186-DRH-ARL Document 13 Filed 01/11/22 Page 2 of 2 PageID #: 115

daily rate of $215.27 from March 31, 2021 through the date the judgment is entered,
$87,305.20 in liquidated damages, $4,850.00 in attorneys’ fees and $461.80 in costs. The
Clerk of Court is directed to enter judgment accordingly and to close this case.
Dated: Central Islip, New York
January 11, 2022

s/ Denis R. Hurley
Denis R. Hurley
United States District Judge

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