Central New York Laborers' Health and Welfare, Pension, Annuity and Training Funds et al v. Five Star Construction Services,Inc. et al

Filing 20

MEMORANDUM-DECISION AND ORDER: Plaintiffs # 18 Motion for Partial Reconsideration is DENIED; Plaintiffs # 18 renewed Motion for Attorneys Fees incurred thus far in collecting the amounts owed to Plaintiffs by Defendants in this action is GRANTED in part and DENIED in part, such that Defendants owe Plaintiffs $5,323.20 in attorneys fees and $746.45 in costs; and Plaintiffs # 15 Motion for Entry of a Default Judgment against Defendants with regard to Plaintiffs 1st, 2nd, 4th and 5t h causes of action is GRANTED with respect to damages, in the amount of $62,406.56. The Clerks Office is directed to enter Final Judgment in favor of Plaintiffs in the amount of $62,406.56 in damages, $5,323.20 in attorneys fees and & #036;746.45 in costs for a total of $68,476.21, and close this action. It is further ORDERED that the Court shall retain jurisdiction until 90 days after Plaintiffs complete their audit of Defendants books and records, as described in the # [17 ] Decision and Order. The audit is to be completed within 60 days of the date of this Decision and Order. Plaintiffs may move to reopen this action and request the entry of Judgment against Defendants for any and all contributions and deductions th at are determined to be due as a result of the audit, plus the applicable interest thereon, liquidated damages, costs and expense of collection, the cost and expense of such audit fees, and attorney and paralegal fees associated therewith within 90 days of their completion of the audit. Signed by Judge Glenn T. Suddaby on 1/19/2011. (mae)

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