Trustees of the Local 7 Tile Industry Welfare Fund et al v. Star Construction Marble & Granite, Inc.

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATION: For the reasons set forth herein, it is hereby ORDERED that plaintiffs motion for a default judgment is GRANTED. A default judgment in the amount of $4,459.50 for attorneys fees and costs shall be entered in favor of plaintiffs. The Clerk of Court is respectfully directed to enter Judgment accordingly, and to close this case. Ordered by Judge Roslynn R. Mauskopf on 3/31/2013. (Mauskopf, Roslynn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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TRUSTEES OF THE LOCAL 7 TILE
INDUSTRY WELFARE FUND, et al.,
Plaintiff,

ORDER
10-CV-1882 (RRM) (VMS)

- against STAR CONSTRUCTION & MARBLE
GRANITE,
Defendant.
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ROSLYNN R. MAUSKOPF, United States District Judge.
By motion filed October 7, 2011, plaintiffs moved for default judgment against defendant
seeking attorneys’ fees and costs in the amount of $4,459.90.1 (Doc. No. 14.) By Order entered
October 7, 2011, this Court referred that motion to the assigned Magistrate Judge for a Report
and Recommendation.2 (ECF Entry of 10/7/11.) On February 7, 2013, Judge Vera M. Scanlon
issued a Report and Recommendation (the “R&R”) recommending that plaintiffs’ motion be
granted and that a default judgment in favor of plaintiffs be entered for attorneys’ fees and costs
of $4,459.50. (Doc. No. 16.) Judge Scanlon reminded the parties that, pursuant to Rule 72(b),
any objection to the R&R was due by February 25, 2013. No party has filed any objection.

1

On September 23, 2011, this Court adopted the September 6, 2011 R&R issued by the
Honorable Andrew L. Carter recommending that plaintiffs’ motion for a default judgment be
granted with respect to liability, but denied without prejudice with respect to damages and
attorneys’ fees. (See Doc. No. 13.) The instant motion is plaintiffs renewed motion regarding
damages and fees.

2

The motion was initially referred to the Honorable Andrew L. Carter. This case was
subsequently transferred to the Honorable Vera M. Scanlon, who issued the instant wellreasoned R&R.

Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, the Court has
reviewed the R&R for clear error and, finding none, concurs with the R&R in its entirety. See
Covey v. Simonton, 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007).
Accordingly, it is hereby ORDERED that plaintiffs’ motion for a default judgment is
GRANTED. A default judgment in the amount of $4,459.50 for attorneys’ fees and costs shall
be entered in favor of plaintiffs. The Clerk of Court is respectfully directed to enter Judgment
accordingly, and to close this case.

SO ORDERED.

Roslynn R. Mauskopf

Dated: Brooklyn, New York
March 31, 2013

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ROSLYNN R. MAUSKOPF
United States District Judge