Trustees of the Local 813 Insurance Trust Fund et al v. Bradley Funeral Service, Inc.

Filing 11

ORDER [ADOPTING REPORT AND RECOMMENDATION]: I hereby adopt the 10 Report and Recommendation, in its entirety, as the opinion of the Court pursuant to 28 U.S.C. § 636(b)(1). The Clerk of the Court is therefore directed to enter judgmen t against defendant in the sum of $ 6,839.45 in unpaid contributions, and attorneys' fees and costs, in addition to prejudgment interest on $ 4,178.07, to be calculated by the Clerk of the Court from 2/10/2010 through the entry of j udgment. Plaintiffs are also to be awarded liquidated damages in an amount equal to the calculated prejudgment interest. SO ORDERED by Judge Allyne R. Ross, on 9/4/2012. C/mailed by Chambers. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa)

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'. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK BROO1<LYN OFFICE --------------------------------------------------------------------- )( TRUSTEES OF THE LOCAL 813 INSURANCE TRUST FUND, ET AL., ll-CV -2885 (ARR) (RLM) NOT FOR ELECTRONIC OR PRINT PUBLICATION Plaintiffs, -against- ORDER BRADLEY FUNERAL SERVICES, INC., Defendant. )( ROSS, United States District Judge: The court has received the Report and Recommendation on the instant case dated August 10,2012 from the Honorable Roanne L. Mann, 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 Brissett v. Manhattan & Bronx Surface Transit Operating Auth., No. 09-CV -1930682 (CBA) (LB), 2011 WL 1930682, at *1 (E.D.N.Y. May 19,2011). 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. ยง 636(b)(1). The Clerk of the Court is therefore directed to enter judgment against defendant in the sum of $6,839.45 in unpaid contributions, and attorneys' fees and costs, in addition to prejudgment interest on $4,178.07, to be calculated by the Clerk of the Court from February 10, 2010 through the entry of judgment. Plaintiffs are also to be awarded liquidated damages in an amount equal to the calculated prejudgment interest. SO ORDERED. S/Judge Ross Allyne R. Itoss ~ United States District Judge Dated: September 4, 2012 Brooklyn, New York 2 -, Case 1:11-cv-02885-ARR-RLM Document 8 Filed 10/18/11 MAILING LIST Anthony Cacace, Esq. Proskauer Rose LLP 11 Times Square NY,NY 10036 Bradley Funeral Service, Inc. 45 South Highland Avenue Ossining, NY 10562 Magistrate Judge Mann Page 2 of 2 PagelD #: 70

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