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

Filing 15

MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION: As no error appears on the face of Magistrate Judge Golds R&R, the Court adopts it without de novo review. Accordingly, the Court directs the Clerk to enter judgment against Defendants, Star Construction Marble & Granite, Inc. and Star Marble & Granite, Inc., on January 13, 2014, in favor of plaintiffs in the amount of $29,012.39. Ordered by Judge Frederic Block on 1/13/2014. (Innelli, Michael)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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Trustees of the LOCAL 7 TILE INDUSTRY
WELFARE FUND, Trustees of the LOCAL 7
TILE INDUSTRY ANNUITY FUND, Trustees
of the TILE LAYERS LOCAL UNION 52
PENSION FUND, and Trustees of the
INTERNATIONAL MASONRY INSTITUTE,

MEMORANDUM AND ORDER
No. 13-CV-925 (FB) (SMG)

Plaintiffs,
-againstSTAR CONSTRUCTION MARBLE &
GRANITE, INC. and STAR MARBLE &
GRANITE, INC.,
Defendants.
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Appearances:
For the Plaintiff:
MICHAEL BAUMAN, ESQ.
Virginia & Ambinder
111 Broadway
New York, NY 10006

For the Defendants:

BLOCK, Senior District Judge:
On June 21, 2013, Magistrate Judge Steven M. Gold issued a Report and
Recommendation (“R&R”) recommending that plaintiffs’ motion for default judgment be
granted and that judgment be entered in favor of plaintiffs in the total amount of $29,
686.61, as follows:
(i)
(ii)
(iii)
(iv)

$20,611.51 in delinquent contributions;
$4,122.30 in statutory liquidated damages;
$1,786 in attorney’s fees and costs; and
$3,166.80 in audit costs.

In addition, he recommended that the interest on the delinquent contributions
at the time final judgment is entered be calculated as follows:
(i)

(ii)

on the $17,528.18 Local 7 Benefits Funds
delinquency, a rate of $4.80 per day beginning
April 1, 2010;
on the $3,083.33 International Benefit Fund
delinquency, a rate of $1.27 per day beginning
April 1, 2010.

The R&R states that “[a]ny objections to the recommendations made in this
Report must be submitted within fourteen days after filing of the Report and, in any event,
no later than July 8, 2013.” R&R at 8. To date, no objections have been filed.
Where, as here, clear notice has been given of the consequences of failure to
object, and there are no objections, the Court may adopt the R & R without de novo review.
See Thomas v. Arn, 474 U.S. 140, 149-50 (1985); Mario v. P & C Food Mkts., Inc., 313 F.3d 758,
766 (2d Cir. 2002) (“Where parties receive clear notice of the consequences, failure timely
to object to a magistrate’s report and recommendation operates as a waiver of further
judicial review of the magistrate’s decision.”). The Court will excuse the failure to object
and conduct de novo review if it appears that the magistrate judge may have committed
plain error. See Spence v. Superintendent, Great Meadow Corr. Facility, 219 F.3d 162, 174 (2d
Cir. 2000).
As no error appears on the face of Magistrate Judge Gold’s R&R, the Court adopts
it without de novo review. Accordingly, the Court directs the Clerk to enter judgment
against Defendants, Star Construction Marble & Granite, Inc. and Star Marble & Granite,

2

Inc., on January 13, 2014, in favor of plaintiffs in the amount of $29,012.39.1
SO ORDERED.

/S/ Frederic Block
FREDERIC BLOCK
Senior United States District Judge
Brooklyn, New York
January 13, 2014

1

In arriving at that figure, the Court calculated $6,643.20 in interest on the
principal of $17,528.18, by multiplying $4.80 per day times the number of days
spanning from April 1, 2010 to January 13, 2014. The $1,757.68 in interest, on the
principal amount of $3,083.33, was calculated by multiplying $1.27 per day times the
number of days spanning that same period.
3