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

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATION: The parties have filed no objections to Magistrate Judge Reyes' October 21, 2016 Report and Recommendation 17 recommending that Plaintiffs' motion for default judgment 9 be granted in its entire ty. The Court has reviewed the record and the Report and Recommendation for clear error, and, finding none, hereby adopts Magistrate Judge Reyes' Report and Recommendation in its entirety as the opinion of this Court. Accordingly, Plaintiffs� 39; motion for default judgment is hereby granted and damages are to be entered in the amount of $315,245.38, representing: (1) $226,535.87 in contributions; (2) $31,984.13 in interest to the Funds; (3) $45,309.17 in liquidated da mages; (4) $2,976.59 in interest on late payments; (5) $2,923.19 in attorneys' fees and costs; and (6) $5,507.13 in dues checkoffs and other contributions. 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-361 (LDH) (RER)

-againstTECHNICAL CONSTRUCTION SERVICES, INC.,
Defendants.
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LASHANN DEARCY HALL, United States District Judge:
On October 21, 2016, United States Magistrate Judge Ramon E. Reyes issued a report and
recommendation (the “Report and Recommendation”) (ECF No. 17), 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 April 21, 2016 motion for default judgment be granted
(see Pls.’ Mot. for Default, ECF No. 9).

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 and damages are to
be entered in the amount of $315,245.38, representing: (1) $226,535.87 in contributions; (2)
$31,984.13 in interest to the Funds; (3) $45,309.17 in liquidated damages; (4) $2,976.59 in interest
on late payments; (5) $2,923.19 in attorneys’ fees and costs; and (6) $5,507.13 in dues check-offs
and other contributions. 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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