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Labarbera v. Almar Plumbing & Heating Corp.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


August 20, 2008

GARY LABARBERA AND FRANK FINKEL, TRUSTEES OF LOCAL 282 INTERNATIONAL BROTHERHOOD OF TEAMSTERS WELFARE, PENSION, ANNUITY, JOB TRAINING AND VACATION SICK LEAVE TRUST FUNDS, PLAINTIFFS,
v.
ALMAR PLUMBING & HEATING CORPORATION, DEFENDANT.

The opinion of the court was delivered by: Dora L. Irizarry United States District Judge

ORDER

DORA L. IRIZARRY, U.S. District Judge

No objections have been filed to the Report and Recommendation of the Honorable Joan M. Azrack, U.S.M.J., dated July 31, 2008, and, upon consideration, the Report and Recommendation is hereby adopted in full. Accordingly, it is hereby

ORDERED that plaintiffs' motion for default judgment having previously been granted, the plaintiffs are awarded damages against the defendant in the amount of $3,695.90. This award reflects $1,315.53 in interest and liquidated damages, $2,077.87 in attorneys' fees and costs, and $302.50 in auditor's fees. Additionally, plaintiffs' request for injunctive relief is denied. It is further hereby

ORDERED that service of a copy of this Order on defendants shall be made by the plaintiffs within five (5) days of the date of this Order and proof thereof shall be filed with the court via ECF immediately thereafter. The Clerk of the Court is directed to close the file maintained in this case

20080820

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