Engineers Joint Welfare Fund et al v. Western New York Contractors, Inc. et al

Filing 28

MEMORANDUM-DECISION & ORDER: The # 26 Motion for Reconsideration of the Order on Motion for Default Judgment is DENIED, further ordered that Plaintiffs Motion for Attorney's Fees is GRANTED IN PART AND DENIED IN PART, therefore defendant Valer ino owes Plaintiffs a total of $18,578.40 in attorney fees and $3,556.48 in costs. Plaintiff's # 23 Motion for Default Judgment as to Robert A. Valerino is GRANTED with respect to damages as to the First, Second, Fourth and Fifth cau ses of action in the amount of $122,900.69. The Clerk is directed to enter a Final Judgment as to the # 1 Complaint in favor of Plaintiffs against Defendant Robert A. Valerino for a total amount of $145,035.57. The Court shall retain juri sdiction in this action until 90 days after the referenced Chapter 7 bankruptcy proceeding is dismissed or closed by the Bankruptcy Court, or the automatic stay is lifted. Plaintiffs may move to reopen this action as to Western New York Contractors, Inc., within the 90 day period, otherwise plaintiffs must file a separate action. Signed by Judge Glenn T. Suddaby on 1/19/2011. {Copy mailed to Pro Se Defendant by regular and certified mail} (jmb)