Solis v. J.P. Maguire Company, Inc. Salary Savings Plan

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS. For the reasons set forth in the within Order Adopting Report and Recommendation, Magistrate Judge Azrack's Report and Recommendation issued on July 24, 2012 is adopted in its entirety. Plaintiff' ;s motion for default judgment is granted and the court finds that the Plan exists in violation of ERISA. Additionally, as set forth in the attached Order Appointing Administrator, the court appoints an Independent Fiduciary to administer the Plan a nd implement its orderly termination if appropriate. Plaintiff shall serve a copy of the Order Adopting Report and Recommendation and the Order Appointing Administrator upon defendant and file a certificate of service via ECF by September 17, 2012. Ordered by Judge Kiyo A. Matsumoto on 9/14/2012. (Attachments: # 1 Order Appointing Administrator) (Kelley, Jamuna)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
--------------------------------------- X
HILDA L. SOLIS, SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR,
ORDER ADOPTING REPORT
AND RECOMMENDATION

Plaintiff,
-against-

11-CV-2904(KAM)(JMA)

J.P. MAGUIRE COMPANY, INC. SALARY
CITY UNIVERSITY OF NEW YORK,
X
Defendant.
---------------------------------------

MATSUMOTO, United States District Judge:
On June 15, 2011, plaintiff Hilda L. Solis, Secretary of
Labor, United States Department of Labor (the “Secretary” or
“plaintiff”), commenced this action against J.P. Maguire
Company, Inc. Salary Savings Plan (the “Plan” or “defendant”)
seeking equitable relief for violations of the Employee
Retirement Income Security Act of 1974 (“ERISA”).
1001-1191.

29 U.S.C. §§

After defendant was served and failed to appear,

plaintiff moved for default judgment on November 11, 2011.
Presently before the court is a Report and Recommendation issued
by Magistrate Joan M. Azrack on July 24, 2012, recommending that
the court enter a judgment (1) that the Plan exists in violation
of ERISA; and (2) appointing an Independent Fiduciary to
administer the Plan, and, if appropriate, implement its orderly
termination. (ECF No. 7, Report and Recommendation dated

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7/24/2012 (“R&R”), at 10.)
As explicitly noted at the end of the Report and
Recommendation, any objections to the Report and Recommendation
were to be filed within 14 days of receipt of the Report and
Recommendation.

(R&R at 10.)

Plaintiff served the Report and

Recommendation on defendant by mail on August 9, 2012.
No. 8, Certificate of Service dated 8/9/12.)

(See ECF

The statutory

period for filing objections has now expired, and no objections
to Magistrate Judge Azrack’s Report and Recommendation have been
filed.
In reviewing a Report and Recommendation, the district
court “may accept, reject, or modify, in whole or in part, the
findings or recommendations made by the magistrate judge.”
U.S.C. § 636(b)(1)(C).

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Where no objection to the Report and

Recommendation has been filed, the district court “need only
satisfy itself that that there is no clear error on the face of
the record.”

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)).
Upon a careful review of the Report and Recommendation
and the record in this case, and considering that neither party
has objected to any of Magistrate Judge Azrack’s thorough and
well-reasoned recommendations, the court finds no clear error in
the Report and Recommendation and hereby affirms and adopts it

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as the opinion of the court.
CONCLUSION
For the foregoing reasons, the court finds that the
Plan exists in violation of ERISA and, as set forth in the
accompanying Order Appointing Administrator, will appoint an
Independent Fiduciary to administer the Plan and implement its
orderly termination if appropriate.
Plaintiff shall serve a copy of this Memorandum and
Order upon defendant and file a certificate of service via ECF
by September 17, 2012.

SO ORDERED.

Dated:

September 14, 2012
Brooklyn, New York
___/s/______ _____
Kiyo A. Matsumoto
United States District Judge
Eastern District of New York

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