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New York State Teamsters Conference Pension and Retirement Fund v. Linden Motor Freight Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


December 19, 2008

NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND, ET AL., PLAINTIFFS,
v.
LINDEN MOTOR FREIGHT CO., INC., DEFENDANT.

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

ORDER

The above matter comes to me following a Report-Recommendation by Magistrate Judge Gustave J. DiBianco, duly filed on the 17th day of December 2008. Following immediate referral of the Report-Recommendation from the Magistrate Judge and after careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation and the parties having been notified to file immediately any objections and the Clerk having sent me the file, and no objections having been submitted thereto, it is hereby

ORDERED, that:

1. The Report-Recommendation is hereby approved.

2. The Clerk is directed to enter judgment in plaintiffs' favor and against defendant Linden Motor Freight Co., Inc., as follows:

A. 54 outstanding withdrawal liability interim payments through December 19, 2008, each in the amount of $98,363.41 pursuant to 29 U.S.C. §§ 1399(c)(2) & (5) totaling $5,311,624.14; plus

B. 11% annual interest on each outstanding interim payment through December 19, 2008, pursuant to 29 U.S.C. §§1132 (g)(2)(B) & (E) totaling $1,338,971.85; plus

C. Additional interest ("double interest" calculation) pursuant to 29 U.S.C. §§ 1132(g)(2)(C)(i) totaling $1,338,971.85 for a total judgment of $7,989,567.70.

3. The plaintiffs' motion for a permanent injunction is granted and defendant is directed to remit all future payments from December 19, 2008, in the amount of $98, 363.41 per month, with a final payment on December 19, 2010 of $76,354.19, pursuant to 29 U.S.C. §§ 1399(c)(2) and (5).

4. The Court shall reserve decision on the amount of attorney's fees and costs to be awarded plaintiffs' pending submission of complete and updated evidence from plaintiffs' counsel on this on or before January 9, 2009.*fn1

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

IT IS SO ORDERED.


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