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Labarbera v. ASTC Laboratories Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


October 13, 2010

GARY LABARBERA, ET AL., PLAINTIFFS,
v.
ASTC LABORATORIES INC., ET AL.., DEFENDANTS.

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

SUMMARY ORDER

On September 10, 2010, the Honorable Marilyn D. Go, U.S.M.J., issued a Report and Recommendation ("R&R") with regard to plaintiffs' request for damages against defendant ASTC Laboratories Inc. No objections to the R&R have been filed. Upon due consideration, the Report and the Recommendations contained therein are hereby adopted in their entirety.

Accordingly, it is hereby ORDERED that plaintiff's motion for default judgment against the defendant is GRANTED. It is further hereby ORDERED that the Clerk of the Court enter judgment for plaintiff in the total amount of $370,272.59, comprised of: (1) $93,560.55 in unpaid contributions; (2) $128,731.52 in accrued prejudgment interest ($69,072.50 for the period of 7/1/00 to, but not including, 3/31/2007, and $59,659.02 for the period of 3/31/07 to the date of this Order*fn1 ); (3) $128,731.52 in liquidated damages;*fn2 (4) $18,209.00 in attorneys' fees; (5) $690.00 in costs; and (6) $350.00 in auditors fees.

Plaintiffs are directed to serve defaulting defendant ASTC Laboratories Inc. with a copy of this Order within five days of the date of the Order and immediately thereafter file proof of said service via ECF.

SO ORDERED.

DORA L. IRIZARRY United States District Judge


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