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Upstate New York Carpenters Pension Health and Annuity Funds v. Seaway of Gouverneur

May 13, 2008

UPSTATE NEW YORK CARPENTERS PENSION HEALTH AND ANNUITY FUNDS, BY EARL HALL AND GARY TOTH, AS TRUSTEES; ET AL., PLAINTIFFS,
v.
SEAWAY OF GOUVERNEUR, INC.; AND WILLIAM REDDICK, INDIVIDUALLY, DEFENDANTS.



The opinion of the court was delivered by: Norman A. Mordue, Chief Judge

ORDER The above matter comes to me following a Report-Recommendation by Magistrate Judge George H. Lowe, duly filed on the 23rd day of April, 2008. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.

After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is ORDERED, that:

1. The Report-Recommendation is hereby approved.

2. The Clerk of the Court is directed to enter Judgment in Plaintiffs' favor and against Defendants in the following amounts: (1) as against Defendant Reddick, $32,646.34, for unpaid contributions, deductions, interest and liquidated damages owed to Plaintiff Upstate Funds through December 18, 2006, together with the sum of $12.714 per day in interest, from December 19, 2006, through the date of entry of final judgment; and (2) as against Defendant Seaway, the foregoing $32,646.34 amount and $12.714 per day in interest (owed jointly and severally with Defendant Reddick), together with an additional sum (owed only by Defendant Seaway to the other two Plaintiffs) of $2,010.52 for other damages through December 18, 2006, and $.38 (thirty-eight cents) per day in interest, from December 19, 2006, through the date of entry of final judgment.

3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.

IT IS SO ORDERED.

20080513

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