Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, Skill Improvement and Safety Funds et al v. Triple H Concrete Corp.

Filing 38

ORDER adopting report and recommendation in its entirety pursuant to 28 U.S.C. 636(b)(1). Having reviewed the record, I find no clear error. I therefore grant the plaintiffs' motion for a default judgment, and award them damages in the amount of $25,814.27. I also award the plaintiffs $3.76 in prejudgment interest and $3.76 in liquidated damages for every day from and including October 25, 2016, until judgment is entered. Ordered by Judge Allyne R. Ross on 3/6/2018. (Wasserman, Matthew)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
TRUSTEES OF THE PAVERS AND ROAD BUILDERS
DISTRICT COUNCIL WELFARE, PENSION, ANNUITY 15-CV-6687 (ARR)
AND APPRENTICESHIP, SKILL IMPROVEMENT AND
SAFETY FUNDS and THE HIGHWAY, ROAD AND
Opinion and Order
STREET CONSTRUCTION LABORERS LOCAL
UNION 1010,
Not for electronic or print
publication
Plaintiffs
— against —
TRIPLE H CONCRETE CORP.,
Defendant.
ROSS, United States District Judge:
This Court has received the Report and Recommendation on the instant case dated February
16, 2018, from the Honorable Vera M. Scanlon, United States Magistrate Judge. Objections were
due by March 5, 2018, but no objections have been filed. The Court reviews “de novo any part of
the magistrate judge’s disposition that has been properly objected to.” Fed. R. Civ. P. 72(b); see also
Brissett v. Manhattan & Bronx Surface Transit Operating Auth., No. 09-CV-874 (CBA)(LB), 2011 WL
1930682, at *1 (E.D.N.Y. May 19, 2011). Where no timely objections have been filed, “the district
court need only satisfy itself that there is no clear error on the face of the record.” Finley v. Trans
Union, Experian, Equifax, No. 17-CV-0371 (LDH)(LB), 2017 WL 4838764, at *1 (E.D.N.Y. Oct. 24,
2017) (quoting Estate of Ellington ex rel. Ellington v. Harbrew Imports Ltd., 812 F. Supp. 2d 186, 189
(E.D.N.Y. 2011)). Having reviewed the record, I find no clear error. I therefore adopt the Report
and Recommendation, in its entirety, as the opinion of the Court pursuant to 28 U.S.C. § 636(b)(1).

Accordingly, I grant the plaintiffs’ motion for a default judgment, and award them damages
in the amount of $25,814.27. I also award them $3.76 in prejudgment interest and $3.76 in liquidated
damages for every day from and including October 25, 2016, until judgment is entered.
SO ORDERED.

_______/s/________________
Allyne R. Ross
United States District Judge
Dated:

March 6, 2018
Brooklyn, New York

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