Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers Local 14-14B, AFL-CIO et al v. Integrated Structures Corp.

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS of Magistrate Judge Pohorelsky. ( Ordered by Judge Allyne R. Ross on 3/14/2011 ) forwarded for judgment. (Guzzi, Roseann)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

IN CLERK'S °uFJf~D NY \ I S OISTRICT CO .'

FILED

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MAR 15 20\1

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oaKLYN OFF\CE
THE ANNUITY, PENSION, WELFARE and TRAINING FUNDS of the INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 14-14B, AFL-CIO, by its TRUSTEES EDWIN L. CHRISTIAN, CHRIS CONFREY, JOHN CRONIN, DON DeNARDO, JOHN HYERS, DANIEL NOESGES, DENISE M. RICHARDSON and JOHN F. O'HARE, Plaintiffs, -againstINTEGRATED STRUCTURES CORP., Defendant.

BR 1O-CV -2023 (ARR)(VVP)
NOT FOR PRINT OR ELECTRONIC PUBLICATION ORDER

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ROSS, United States District Judge: The court has received the Report and Recommendation on the instant case dated February 18,2011 from the Honorable Viktor V. Pohorelsky, United States Magistrate Judge. No objections have been filed. Accordingly, the court has reviewed the Report and Recommendation for clear error on the face of the record. See Advisory Comm. Notes to Fed. R. Civ. P. neb); accord Edwards v. Town of Huntington, No. 05 Civ. 339 (NGG) (AKT), 2007 U.S. Dist. LEXIS 50074, at *6 (E.D.N.Y. July 11,2007); McKoy v. Henderson, No. 05 Civ. 1535 (DAB), 2007 U.S. Dist. LEXIS 15673, at *1 (S.D.N.Y. March 5, 2007). Having reviewed the record, I find no clear error. I hereby adopt the Report and Recommendation, in its entirety, as the opinion of the Court pursuant to 28

u.s.c. § 636(b)(l).

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Therefore, the court grants plaintiffs' motion for default and awards damages in the following amounts, as detailed in Judge Pohorelsky's Report and Recommendation: 1. 2. Unpaid benefit fund contributions in the amount of $1 ,377.60; Interest of$283.98 through February 8,2011, plus $0.23 per day thereafter to the date of judgment; 3. Liquidated damages in the amount of$283.98 through February 8, 2011, plus $0.23 per day thereafter to the date of judgment; and 4. Attorney's fees and costs in the amount of$1541.00.

Counsel for plaintiffs is directed to serve a copy of this order on defendants by regular mail and file proof of such service with the court. SO ORDERED.

/s/(ARR)
Allyne R. Ros ~ -United States istrict Judg\

Dated: March 14,2011 Brooklyn, New York

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