Trustees of the Local 138 Pension Fund v. Tax Trucking Co. et al

Filing 62

ORDER ADOPTING REPORT AND RECOMMENDATIONS: It is hereby ORDERED that plaintiffs' motion for default judgment against defendant Garrison is granted and plaintiffs are awarded $ 1,034,273.58, consisting of: (1) $640,000 in unpaid withdra wal liability; (2) $ 192,000 in interest on the unpaid amount calculated at the rateof six percent (6%) simple interest per year for the five years (2009- 2014); (3) $ 192,000 in liquidated damages; (4) $9,843.75 in attorney' s fees ; and (5) $429.83 in costs. The Clerk of Court is directed to enter judgment pursuant to this Order, send a copy of this Order and the accompanying judgment to Garrison, and note the mailing on the docket. Ordered by Judge Roslynn R. Mauskopf on 6/23/2017. (Taronji, Robert)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------------------------------------)( TRUSTEES OF THE LOCAL 138 PENSION FUND, Plaintiffs, - against - ORD ER ADOPTING REPORT AND RECOMMENDATION 09-CV-304 1 (RRM) (RML) TAX TRUCKING CO. , 1341 GARRISON REALTY CORP. , Defendants. ------------------------------------------------------------------)( ROSL YNN R. MAUSKOPF, Un ited States District Judge. Trustees of the Local 138 Pension Fund ("Trustees") moved for default judgment against defendant 1341 Garrison Realty Corp. (" Gan-ison"). This Court referred that motion to Magistrate Judge Robert M. Levy for a Report and Recommendation. Judge Levy issued a Report and Recommendation (the "R&R") recommending that plaintiffs' motion for default judgment be granted, and awarding certain damages. (Doc. No. 61.) Judge Levy reminded the parties that, pursuant to Federa l Ru le of Civi l Procedure 72, any objection to the R&R must be fi led with in fourteen (14) days. More than fourteen days has passed and no party has fi led any objection. Pursuant to 28 U. S.C. ยง 636(b) and Federal Rule of Civil Procedure 72, the Court has reviewed the R&R for clear eITor and, finding none, concurs with the R&R in its entirety. See Covey v. Simonton, 48 1 F. Supp. 2d 224, 226 (E. D.N . Y. 2007). Accordingly, it is hereby ORDERED that plaintiffs ' motion for default judgment against defendant GaITison is granted and plaintiffs are awarded $ 1,034,273 .58, consisting of: (1) $640,000 in unpaid withdrawal liab ility; (2) $ 192,000 in interest on the unpaid amount calculated at the rate of six percent (6%) simple interest per year for the fi ve years (2009- 20 14); (3) $ 192,000 in liquidated damages; (4) $9,843.75 in attorney ' s fees ; and (5) $429.83 in costs. The Clerk of Court is directed to enter judgment pursuant to th is Order, send a copy of this Order and the accompanying judgment to Garrison, and note the mailing on the docket. SO ORDERED. Dated: Brooklyn, New York ~ 2-~ , 20 17 s/Roslynn R. Mauskopf ROSLYNN R. MAUSKOPF United States District Judge 2

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