Sheet Metal, Air, Rail, And Transportation Workers Local Union No. 137 et al v. Metropolitan Sign & Rigging Corp. et al

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATION: The parties have filed no objections to Chief Magistrate Judge Mann's September 13, 2016 Report and Recommendation 23 recommending that Plaintiffs' motion for default judgement 20 be granted, in part, and denied, in part. The Court has reviewed the record and the Report and Recommendation for clear error, and, finding none, hereby adopts Chief Magistrate Judge Mann's Report and Recommendation in its entirety as the opinion of this Cou rt. Accordingly, Plaintiffs' motion for default judgment 20 is hereby granted, in part, and denied, in part. Plaintiffs Trustees of the Local 137 Funds are hereby awarded judgment against Defendant Metropolitan Sign & Rigging Corp. in the am ount of: (1) $15,162.55 in unpaid contributions; (2) $3,032.51 in statutory damages; (3) $4,725.00 in attorneys' fees and costs; and (4) prejudgment interest in the amount of $143.84, plus $4.15 in daily interest on the delinquent contributions ($4,315.39) from September 10, 2015, through to the date of this judgment. Additionally, Local 137 should be awarded judgment against Defendant Metropolitan Sign & Rigging Corp. in the sum of $4,470.81 in unpaid contributions. Plaintiffs' motion is denied with respect to Defendant Miller. The Clerk of Court is directed to enter judgment accordingly and close this case. Ordered by Judge LaShann DeArcy Hall on 3/31/2017. (Valentin, Winnethka)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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SHEET METAL, AIR, RAIL AND
TRANSPORTATION WORKERS LOCAL UNION
NO. 137, ET AL,
Plaintiffs,

ORDER
15-CV-6021 (LDH)(RLM)

-againstMETROPOLITAN SIGN & RIGGING CORP. AND
THOMAS MILLER,
Defendants.
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LASHANN DEARCY HALL, United States District Judge:
On September 13, 2016, United States Chief Magistrate Judge Roanne L. Mann issued a
report and recommendation (the “Report and Recommendation”) (ECF No. 23), which
recommended that Plaintiffs Sheet Metal, Air, Rail, and Transportation Workers Local Union No.
137 (“Local 137”), and trustees for various pension and welfare benefit plans (“Trustees of the
Local 137 Funds”) August 22, 2016 motion for default judgment be granted, in part, and denied,
in part. (See Pls.’ Mot. for Default, ECF No. 20.) Any written objections to the report and
recommendation had to be filed with the Clerk of Court within fourteen (14) days of the date of
service of the report; responses to any objections were due fourteen (14) days thereafter. See Fed.
R. Civ. P. 72(b)(2); 28 U.S.C. § 636(b)(1)(C).
No objections have been filed to the Report and Recommendation. Where no objections
to a report and recommendation have been filed, “the district court need only satisfy itself that
there is no clear error on the face of the record.” Estate of Ellington ex rel. Ellington v. Harbrew
Imports Ltd., 812 F. Supp. 2d 186, 189 (E.D.N.Y. 2011) (quoting Urena v. New York, 160 F. Supp.
2d 606, 609-10 (S.D.N.Y. 2001)) (internal quotation marks and citations omitted). The Court has
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reviewed the Report and Recommendation for clear error and, finding none, hereby adopts the
Report and Recommendation as the opinion of this Court.
Accordingly, Plaintiffs’ motion for default judgment is hereby granted, in part, and denied,
in part. Plaintiffs Trustees of the Local 137 Funds are hereby awarded judgment against Defendant
Metropolitan Sign & Rigging Corp. in the amount of: (1) $15,162.55 in unpaid contributions; (2)
$3,032.51 in statutory damages; (3) $4,725.00 in attorneys’ fees and costs; and (4) prejudgment
interest in the amount of $143.84, plus $4.15 in daily interest on the delinquent contributions
($4,315.39) from September 10, 2015, through to the date of this judgment. Additionally, Local
137 should be awarded judgment against Defendant Metropolitan Sign & Rigging Corp. in the
sum of $4,470.81 in unpaid contributions. Plaintiffs’ motion is denied with respect to Defendant
Miller. The Clerk of Court is directed to enter judgment accordingly and close this case.

Dated: March 31, 2017
Brooklyn, New York
SO ORDERED:
/s/ LDH
LASHANN DEARCY HALL
United States District Judge

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