Trustees of the Plumbers Local Union No. 1 Welfare Fund, Additional Security Benefit Fund, Vacation & Holiday Fund, Trade Education Fund and 401(k) Savings Plan et al v. Leviathan Mechanical Corp.

Filing 4

REPORT AND RECOMMENDATION re 1 Complaint -- For the reasons set forth in the attached document, I respectfully recommend that the court sua sponte dismiss this action without prejudice. I direct the plaintiffs to serve a copy of this Report and Recommendation on the defendant by certified mail, and to file proof of service no later than November 5, 2010. Any objections to this Report and Recommendation must be filed no later than November 19, 2010. Failure to file objections within this period designating the particular issues to be reviewed waives the right to appeal the district court's order. Ordered by Magistrate Judge James Orenstein on 11/2/2010. (Scott-Hayward, Christine)

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