Flanagan, as a Trustee of the General Building Laborers' Local 66 Pension Fund et al v. North Star Concrete Construction, Corp. et al, No. 2:2013cv02300 - Document 18 (E.D.N.Y. 2014)

Court Description: MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; Judge Tomlinson's R&R (Docket Entry 16) is ADOPTED in its entirety and Plaintiff's motion for a default judgment (Docket Entry 12) is GRANTED. The Clerk of the Court is directed to en ter judgment in favor of Plaintiff and against Defendants as follows: (1) $13,992.18 for unpaid contributions; (2) prejudgment interest on unpaid contributions in an amount to be determined by the Clerk of the Court based on the interest rate pr escribed under 26 U.S.C. § 1132(g)(2)(C) through the date of entry of final judgment; (3) liquidated damages in an amount equal to the amount of prejudgment interest; (4) $3,308.33 in attorneys' fees; and (5) $425.00 in costs. The Clerk of Court is directed to mark this matter CLOSED. So Ordered by Judge Joanna Seybert on 9/16/2014. C/ECF (Valle, Christine)

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Flanagan, as a Trustee of the General Building Laborers' Loc...ncrete Construction, Corp. et al UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------X STEPHEN FLANAGAN, as a Trustee of the GENERAL BUILDING LABORERS' LOCAL 66 PENSION FUND; STEPHEN FLANAGAN, as a Trustee of the GENERAL BUILDING LABORERS' LOCAL 66 WELFARE FUND; STEPHEN FLANAGAN, as Trustee of the GENERAL BUILDING LABORERS' LOCAL 66 ANNUITY FUND; STEPHEN FLANAGAN, as a Trustee of the GENERAL BUILDING LABORERS' LOCAL 66 LABORERS' EMPLOYER COOPERATIVE AND EDUCATIONAL TRUST FUND; STEPHEN FLANAGAN, as a Trustee of the GENERAL BUILDING LABORERS' LOCAL 66 GREATER NY LABORERS' EMPLOYER COOPERATIVE AND EDUCATIONAL TRUST FUND; STEPHEN FLANAGAN, as a Trustee of the GENERAL BUILDING LABORERS' LOCAL 66 TRAINING PROGRAM; STEPHEN FLANAGAN, as a Trustee of the GENERAL BUILDING LABORERS' LOCAL 66 NEW YORK STATE HEALTH AND SAFETY FUND; STEPHEN FLANAGAN, as Business Manager of GENERAL BUILDING LABORERS' LOCAL UNION NO. 66 OF THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO Doc. 18 MEMORANDUM & ORDER 13-CV-2300(JS)(AKT) Plaintiff, -againstNORTH STAR CONCRETE CONSTRUCTION, INC. and MARIO SALGADO, Defendants. ---------------------------------------X APPEARANCES For Plaintiffs: Alicia M. Menechino, Esq. LaVelle & Menechino Law Office, LLP The LaVelle Building 57 East Main Street Patchogue, NY 11772 For Defendants: No appearances. Dockets.Justia.com SEYBERT, District Judge: Pending before the Court is (1) a motion for default judgment filed by plaintiff Stephen Flanagan, as Trustee of the General Building Laborers’ Local 66 Pension Fund, Welfare Fund, Annuity Trust Fund, Fund, Laborers’ Greater Employer NY Cooperative Laborers’ Employer and Educational Cooperative and Educational Trust Fund, New York State Health and Safety Fund, and Training Program, and as Business Manager of the General Building Laborers’ International (Docket Entry Union 12); Local of Union North and No. 66 America, of AFL-CIO (2) Magistrate Judge the Laborers’ (“Plaintiff”) A. Kathleen Tomlinson’s Report and Recommendation (“R&R”), recommending that the Court grant the motion for default judgment (Docket Entry 16). For the following reasons, the Court ADOPTS the R&R in its entirety. BACKGROUND Plaintiff commenced this action against defendants North Star Concrete Construction, Inc. (“North Star”) and Mario Salgado (“Salgado,” and together with North Star, “Defendants”), alleging violations of the Employee Retirement Income Security Act of 1974 (“ERISA”) and the Labor Management Relations Act of 1947 (“LMRA”). 2 On August 30, 2013, Plaintiffs filed Affidavits of Service, affirming that the Summons and Complaint were served on Defendants. (Docket Entry 8.) Defendant did not answer or otherwise respond to the Complaint, and Plaintiff requested a Certificate of Default. Court certified Defendants’ (Docket Entry 10.) default (Docket Entry 9.) judgment, default on The Clerk of the September 3, 2013. On September 26, 2013, Plaintiff moved for a (Docket Entry 12), and filed supplemental papers on September 27, 2013 (Docket Entry 13). Judge Tomlinson’s R&R recommends that the Court grant default judgment and against Defendants unpaid award contributions; jointly Plaintiff and the severally: (2) prejudgment following damages (1) $13,992.18 interest on for unpaid contributions in an amount to be determined by the Clerk of the Court; (3) liquidated damages in an amount equal to the amount of prejudgment interest; (4) $3,308.33 in attorneys’ fees; and (5) $425.00 in costs. (R&R, Docket Entry 16, at 21.) DISCUSSION In reviewing an R&R, a district court “may accept, reject, or modify, recommendations § 636(b)(1)(C). made in by whole the or in part, magistrate the judge.” findings 28 and U.S.C. If no timely objections have been made, the “court need only satisfy itself that there is no clear error on the face of the record.” Urena v. New York, 160 F. Supp. 2d 3 606, 609-10 (S.D.N.Y. 2001) (internal quotation marks and citation omitted). Objections were due within fourteen days of service of the R&R. The time for filing objections has expired, and no party objected. has Accordingly, all objections are hereby deemed to have been waived. Upon careful review and consideration, the Court finds Judge Tomlinson’s R&R to be comprehensive, well-reasoned and free of clear error, and it ADOPTS the R&R in its entirety. CONCLUSION Judge Tomlinson’s R&R (Docket Entry 16) is ADOPTED in its entirety (Docket Entry and 12) Plaintiff’s is motion GRANTED. The for a Clerk default of the judgment Court is directed to enter judgment in favor of Plaintiff and against Defendants as follows: (1) $13,992.18 for unpaid contributions; (2) prejudgment interest on unpaid contributions in an amount to be determined by the Clerk of the Court based on the interest rate prescribed under 26 U.S.C. § 1132(g)(2)(C) through the date of entry of final judgment; (3) liquidated damages in an amount equal to the amount of prejudgment interest; (4) $3,308.33 in attorneys’ fees; and (5) $425.00 in costs. 4 The Clerk of the Court is directed to mark this matter CLOSED. SO ORDERED /s/ JOANNA SEYBERT______ Joanna Seybert, U.S.D.J. Dated: September 16 , 2014 Central Islip, New York 5

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