Finkel v. Detore Electrical Construction Co., Inc. et al

Filing 14

MEMORANDUM AND ORDER. Ordered by Judge Eric N. Vitaliano on 3/28/2012. (Siegfried, Evan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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DR. GERALD FINKEL, as Chairman of
the Joint Industry Board of the Electrical
Industry,

MEMORANDUM & ORDER
11-CV-0814 (ENV)(RER)

Plaintiff,
-againstDETORE ELECTRICAL CONSTRUCTION
CO., INC. and MATTHEW DETORE.
Defendants.

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VITALIANO, D.J.
Dr. Gerald Finkel, Chairman of the Joint Industry Board of the Electrical Industry
("Plaintiff'), alleges that Detore Electrical Construction Co., Inc. (the "Company") and its principal,
Matthew Detore ("Detore") (collectively, "Defendants"), violated the Employee Retirement Income
Security Act of 1974 ("ERISA"), as amended, 29 U.S.C. § 1001, et seq., and the Labor
Management Relations Act ("LMRA"), as amended, 29 U.S.C. § 141, et. seq., by neglecting to
make obligatory contributions to various employee funds pursuant to two successive collective
bargaining agreements ("CBAs"). After defendants failed to appear or otherwise respond to the
complaint, plaintiff moved for default judgment. The Court granted the motion with referral to
Magistrate Judge Ramon E. Reyes, Jr. for a Report and Recommendation on damages. Judge
Reyes's Report and Recommendation (the "R&R") issued on March 6, 2012.
In reviewing a Report and Recommendation of a magistrate judge, a district judge "may
accept, reject, or modify, in whole or in part, the findings or recommendations made by the
magistrate judge." 28 U.S.C. § 636(b)(l). Further, a district judge is required to "determine de
novo any part of the magistrate judge's disposition that has been properly objected to." Fed. R. Civ.
P. 72(b)(3); see also Arista Records, LLC v. Doe 3, 604 F.3d llO, l16 (2d Cir. 2010). But, where
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no timely objection has been made, the "district court need only satisfy itself that there is no clear
error on the face of the record" to accept a magistrate judge's Report and Recommendation. Urena
v. New York, 160 F. Supp. 2d 606,609-10 (S.D.N.Y. 2001) (quoting Nelson v. Smith, 618 F. Supp.
1186, 1189 (S.D.N.Y. 1985)).
No objections have been filed. After careful review of the record, the Court finds the R&R
to be correct, well-reasoned, and free of any clear error. The Court, therefore, adopts the R&R in its
entirety as the opinion of the Court. Judgment shall enter against the Company and Detore, jointly
and severally, in the amount of $123,062.71 and $4.70 per diem interest to run from July 6, 2011
until date of entry of judgment, broken down as follows:
I) $38,579.15 under a stipulation balance;

2) $48,371.52 in unpaid required contributions;
3) $2,854.77 in interest;
4) $20,820.17 in liquidated damages;
5) $11,432.50 in attorney's fees; and
6) $1,004.60 in costs.
Furthermore, judgment shall enter against the Company only in an additional amount of $6,406.30
and $0.57 per diem interest from July 6, 2011 until date of entry of final judgment, broken down as
follows:
1) $5,187.00 in unpaid contributions;
2) $1,037.40 in liquidated damages; and
3) $181.90 in interest.
The Clerk of Court is directed to enter judgment and close this case.
SO ORDERED.
Dated: Brooklyn, New York
March 28,2012

s/ ENV
ERl~N~VIT~iiANO -n"' "' l /
United States District Judge
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