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Sheet Metal Workers' National Pension Fund v. K & K Construction of Queens County

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


January 19, 2011

SHEET METAL WORKERS' NATIONAL PENSION FUND,
NATIONAL ENERGY MANAGEMENT INSTITUTE COMMITTEE FOR THE SHEET METAL AND AIR CONDITIONING INDUSTRY,
SHEET METAL OCCUPATIONAL HEALTH INSTITUTE TRUST,
INTERNATIONAL TRAINING INSTITUTE FOR THE SHEET METAL AND AIR CONDITIONING INDUSTRY,
AND NATIONAL STABILIZATION AGREEMENT OF THE SHEET METAL INDUSTRY FUND,
PLAINTIFFS,
v.
K & K CONSTRUCTION OF QUEENS COUNTY, INC.
AND KOSTAS KALAFATIS, AS AN INDIVIDUAL,
DEFENDANTS.

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

SUMMARY ORDER

On November 8, 2010, the Honorable Ramon E. Reyes, Jr., U.S.M.J., issued a Report and Recommendation ("R&R") with regard to plaintiffs' request for damages against defendants K & K Construction of Queens County, Inc. and Kostas Kalafatis. 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 defendants is GRANTED. It is further hereby ORDERED that the Clerk of the Court enter judgment for plaintiff in the total amount of $32,525.34, comprised of: (1) $24,615.70 in unpaid contributions; (2) $1,166.55 in accrued interest;*fn1 (3) $4,923.09 in liquidated damages; and (4) $1,820.00 in attorneys' fees and costs.

SO ORDERED.

Dated: Brooklyn, New York

DORA L. IRIZARRY United States District Judge


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