Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, Skill Improvement and Safety Funds et al v. M. Ali Construction Inc.

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATION: The parties have filed no objections to Magistrate Judge Bloom's February 10, 2017 Report and Recommendation 14 recommending that Plaintiffs' motion for default judgment 8 be granted in its enti rety. The Court has reviewed the record and the Report and Recommendation for clear error, and, finding none, hereby adopts Magistrate Judge Bloom's Report and Recommendation in its entirety as the opinion of this Court. Accordingly, Plaintiff s' motion for default judgment 8 is hereby granted. A default judgment should be entered against defendant, M. Ali Construction, Inc., and Plaintiffs should be awarded: (1) $14,225.87 in delinquent contributions, dues check-offs and oth er contributions; (2) $3,988.46 in interest on the delinquent contributions; (3) $3,988.46 in liquidated damages; (4) $2,416.00 in attorney's fees; (4) $471.14 in costs; and (5) $340.00 reimbursement for the audit conduc ted by Castiglia, LLP, for a total award of $25,429.93; plus $2.98 in daily interest on the delinquent contributions ($10,895.50) from February 11, 2017, through to the date of this judgment. The Clerk of Court is directed to enter judgment 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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TRUSTEES OF THE PAVERS AND ROAD
BUILDERS DISTRICT COUNCIL WELFARE,
PENSION, ANNUITY AND APPRENTICESHIP,
SKILL IMPROVEMENT AND SAFETY FUNDS,
and THE HIGHWAY, ROAD AND STREET
CONSTRUCTION LABORERS LOCAL
UNION 1010
Plaintiffs,

ORDER
16-CV-351 (LDH) (LB)

-againstM. ALI CONSTRUCTION,
Defendants.
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LASHANN DEARCY HALL, United States District Judge:
On February 10, 2017, United States Magistrate Judge Lois Bloom issued a report and
recommendation (the “Report and Recommendation”) (ECF No. 14), which recommended that
Plaintiffs Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity
and Apprenticeship, Skill Improvement and Safety Funds, and the Highway, Road and Street
Construction Laborers Local Union 1010’s July 19, 2016 motion for default judgment be granted
(see Pls.’ Mot., ECF No. 8). 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 reviewed
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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. A default judgment
should be entered against defendant M. Ali Construction, Inc., and Plaintiffs should be awarded:
(1) $14,225.87 in delinquent contributions, dues check-offs and other contributions; (2) $3,988.46
in interest on the delinquent contributions; (3) $3,988.46 in liquidated damages; (4) $2,416.00 in
attorney’s fees; (4) $471.14 in costs; and (5) $340.00 reimbursement for the audit conducted by
Castiglia, LLP, for a total award of $25,429.93; plus $2.98 in daily interest on the delinquent
contributions ($10,895.50) from February 11, 2017, through to the date of this judgment. The
Clerk of Court is directed to enter judgment 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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