Trustees of the Local 813 I.B.T. Insurance Trust Fund et al v. Freedom Demolition Inc.

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Finding no clear error, the court ADOPTS the R&R in its entirety and accordingly GRANTS Plaintiffs' motion for default judgment. The Clerk of the Court is DIRECTED to enter judgment against Defendant in thea mounts provided in Judge Gold's R&R and to close the case. So Ordered by Judge Nicholas G. Garaufis on 10/10/2014. (c/m to dft at addresses provided in Doc. 13)(fwd'd for jgm) (Lee, Tiffeny)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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TRUSTEES OF THE LOCAL 813
INSURANCE TRUST FUND, TRUSTEES
OF THE LOCAL 813 PENSION TRUST
FUND, and TRUSTEES OF THE LOCAL
813 & LOCAL 1034 SEVERANCE &
RETIREMENT FUND,

ORDER
13-CV-02701 (NGG) (SMG)

Plaintiffs,
-againstFREEDOM DEMOLITION INC.,
Defendant.

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NICHOLAS G. GARAUFIS, United States District Judge.

On May 3, 2013, Plaintiffs initiated this action against Defendant Freedom Demolition
Inc. ("Defendant" or "Freedom"), alleging claims for unpaid contributions and withdrawal
liability payments under the Employee Retirement Income Security Act of 1974, as amended,
and Section 301 of the Labor-Management Relations Act of 1947. (Compl. (Dkt. 1).)
Defendant did not answer or otherwise respond to the Complaint. On March 17, 2014, Plaintiffs
filed a Motion for Entry of a Default Judgment against Defendant. (Pls.' Mot. for Default J.
(Dkt. 8).) The court referred this motion to Chief Magistrate Judge Steven M. Gold for a Report
and Recommendation ("R&R") pursuant to 28 U.S.C. § 636(b)(l)(B) and Federal Rule of Civil
Procedure 72(b)(l) to address both liability and damages. (See Mar. 19, 2014, Order (Dkt. 9).)
On August 26, 2014, Judge Gold issued an R&R recommending that the court grant
Plaintiffs' motion for default judgment and direct the entry of judgment against Defendant in the
following amounts: (1) $3,841.20 in unpaid contributions, plus interest at the rate of 18% per
annum from December 15, 2008, to the date final judgment is entered; (2) $167 ,407 .00 in
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withdrawal liability, plus interest at the rate of 6.25% per annum from September 30, 2012, to
the date final judgment is entered; (3) liquidated damages with regard to the unpaid contributions
equal to the interest accrued on the unpaid contributions; ( 4) liquidated damages with respect to
withdrawal liability of $33,481.40; and (5) $6,973.75 in attorneys' fees and costs. (R&R at 1213.) Plaintiffs served a copy of the R&R upon the Defendant at its last known business address
and upon Defendant's principal, Giacomo Valenti, at his last known residential address by UPS
Next Day Air on September 22, 2014. (Cert. of Service (Dkt. 13).)
No party has objected to Judge Gold's R&R, and the time to do so has passed. See Fed.
R. Civ. P. 72(b)(2). Therefore, the court reviews the R&R for clear error. See Gesualdi v. Mack
Excavation & Trailer Serv., Inc., No. 09-CV-2502 (KAM) (JO), 2010 WL 985294, at *1
(E.D.N.Y. Mar. 15, 2010); La Torres v. Walker, 216 F. Supp. 2d 157, 159 (S.D.N.Y. 2000); cf.
28 U.S.C. § 636(b)(l). Finding no clear error, the court ADOPTS the R&R in its entirety and
accordingly GRANTS Plaintiffs' motion for default judgment. See Porter v. Potter, 219 F.
App'x 112 (2d Cir. 2007).
The Clerk of the Court is DIRECTED to enter judgment against Defendant in the
amounts provided in Judge Gold's R&R and to close the case.
SO ORDERED.

s/Nicholas G. Garaufis
HOLAS G. GARAUFIS
nited States District Judge

Dated: Brooklyn, New York
October~' 2014

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