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Thomas Gesualdi and Frank Finkel, Trustees of Local 282 International v. Metro Foundation Contractors

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


September 29, 2011

THOMAS GESUALDI AND FRANK FINKEL, TRUSTEES OF LOCAL 282 INTERNATIONAL BROTHERHOOD OF TEAMSTERS WELFARE, PENSION, ANNUITY, JOB TRAINING AND VACATION SICK LEAVE TRUST FUNDS, PLAINTIFFS,
v.
METRO FOUNDATION CONTRACTORS INC., DEFENDANT. THOMAS GESUALDI, LOUIS BISIGNANO, ANTHONY PIROZZI, DOMINICK MARROCCO, ANTHONY D'AQUILA, FRANK FINKEL, JOSEPH FERRARA, MARC HERBST, THOMAS PIALI AND DENISE RICHARDSON, AS TRUSTEES AND FIDUCIARIES OF THE LOCAL 282 WELFARE, PENSION, ANNUITY, JOB TRAINING, AND VACATION AND SICK LEAVE TRUST FUNDS, PLAINTIFFS,
v.
METRO FOUNDATION CONTRACTORS INC., DEFENDANT.

The opinion of the court was delivered by: John Gleeson, United States District Judge:

ORDER

Because I agree with the reasoning and conclusion of the Report and Recommendation of Magistrate Judge Levy ("R&R") and because no objections have been filed, I adopt the R&R in full. Accordingly, the plaintiffs' motions for sanctions are granted in part and the defendant is precluded from offering evidence in 09-CV-5660. The defendant is also hereby ordered to pay plaintiffs' attorney's fees related to their motions for sanctions and the subsequent enforcement of them, in both 09-CV-5660 and 09-CV-2058. I order plaintiffs' counsel to submit detailed fee applications and respectfully refer the calculation of attorney's fees to Magistrate Judge Levy. I deny plaintiffs' motions to the extent that they seek to hold the defendant in contempt of court.

So Ordered.

John Gleeson, U.S.D.J.

20110929

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