Board of Trustees of the United Union of Roofers, Waterproofers & Allied Workers Local Union No. 8 W.B.P. & A. Funds v. Akro General Contracting, Inc.

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court has reviewed the record and, finding no clear error, adopts the R&R as the opinion of the Court. The Clerk of Court is directed to enter judgment against the defendant, and in favorof the plaintiff: $12,317.21 in damages; $2,000 for attorney's fees; and $480 in court costs. The Clerk of Court is directed to close the case. Ordered by Magistrate Judge Vera M. Scanlon on 11/15/2016. (fwd for judgment) (Fernandez, Erica)

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FILED IN CLERK'S OFAZE U.I. DIS'T~CT Cf:',,..! r ('.N.Y. * NIJV\52016 * UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------------x BOARD OF TRUESTEES OF THE UNITED UNION OF ROOFERS, WATERPROOFERS & ALLIED WORKERS LOCAL UNION NO. 8 W.B.P. & A. FUNDS, Plaintiff, BROOKLYN OFFICE NOT FOR PUBLICATION ORDER 15-CV-4901 (CBA) (VMS) -againstAKRO GENERAL CONTRACTING, INC., Defendant. ----------------------------------------------------------x AMON, United States District Judge: The Court has received the Report and Recommendation ("R&R") of the Honorable Vera M. Scanlon, United States Magistrate Judge, dated August 15, 2016, recommending that plaintiffs motion for a default judgment be granted in part, and that plaintiff be awarded: $12,317.21 in damages for unpaid late payments on benefit plan contributions; $2,000 for attorney's fees; and $480 in court costs. (See D.E. # 13.) No party has objected to the R&R, and the time for doing so has passed. When deciding whether to adopt a report and recommendation, a district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. ยง 636(b)(l). To accept those portions of the R&R to which no timely objection has been made, "a district court need only satisfy itself that there is no clear error on the face of the record." Jarvis v. N. Am. Globex Fund. L.P., 823 F. Supp. 2d 161, 163 (E.D.N.Y. 2011) (internal quotation marks and citation omitted). The Court has reviewed the record and, finding no clear error, adopts the R&R as the opinion of the Court. The Clerk of Court is directed to enter judgment against the defendant, and in favor I of the plaintiff: $12,317.21 in damages; $2,000 for attorney's fees; and $480 in court costs. The Clerk of Court is directed to close the case. SO ORDERED. Ii/, s/Carol Bagley Amon Dated: November 2016 Brooklyn, New York 2

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