Trustees of the Local 7 Tile Industry Welfare Fund et al v. Tuscany Tile & Stone, Inc.

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATION: The parties have filed no objections to Magistrate Judge Bloom's Report and Recommendation on Plaintiff's motion for default judgment. The Court has reviewed the record and the Report and Recommenda tion for clear error, and, finding none, hereby adopts Magistrate Judge Bloom's Report and Recommendation 19 in its entirety as the opinion of this Court. Accordingly, Plaintiff's motion for default judgment is hereby GRANTED, in part, an d DENIED, in part. Plaintiff is afforded 14 days from the entry of this Order to file a new motion demonstrating Defendant's obligation to pay contributions to the Funds for the period of January 1, 2008 through June 7, 2009 and June 3, 2013 thr ough December 31, 2014 and addressing the calculation of pre-judgment interest on delinquent contributions. See attached Order for details. The Clerk of the Court is directed to enter judgment in accordance with this Order and close the case. Ordered by Judge LaShann DeArcy Hall on 7/25/2017. (Valentin, Winnethka)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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TRUSTEES OF THE LOCAL 7 TILE INDUSTRY
WELFARE FUND, TRUSTEES OF THE LOCAL
7 TILE INDUSTRY ANNUITY FUND, TRUSTEES
OF THE TILE LAYERS LOCAL UNION 52 PENSION
FUND, TRUSTEES OF THE BRICKLAYERS AND
TROWEL TRADES INTERNATIONAL PENSION
FUND, AND TRUSTEES OF THE INTERNATIONAL
MASONRY INSTITUTE,

ORDER
16-CV-1641 (LDH)(LB)

Plaintiffs,
-againstTUSCANY TILE & STONE, INC.,
Defendant.
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LASHANN DEARCY HALL, United States District Judge:
On February 15, 2017, United States Magistrate Judge Lois Bloom issued a report and
recommendation (the “Report and Recommendation”) (R. & R., ECF No. 19), which
recommended that Plaintiffs Trustees of the Local 7 Tile Industry Welfare Fund, Trustees of the
Local 7 Tile Industry Annuity Fund, Trustees of the Tile Layers Local Union 52 Pension Fund,
Trustees of the Bricklayers & Trowel Trades International Pension Fund, and Trustees of the
International Masonry Institute’s September 1, 2016 motion for default judgment as to Defendant
Tuscany Tile & Stone, Inc. be granted (see Pls.’ Mot., ECF No. 12). 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 Imps.
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Ltd., 812 F. Supp. 2d 186, 189 (E.D.N.Y. 2011) (quoting Urena v. N.Y., 160 F. Supp. 2d 606, 60910 (S.D.N.Y. 2001)) (internal quotation marks and citations omitted). The Court has 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 against Defendant Tuscany Tile &
Stone, Inc., is hereby granted, in part, and denied, in part, and damages are to be entered in the
amount of $19,554.12, representing: (1) $9,988.49 in unpaid contributions; (2) $1,997.70 in
liquidated damages; (3) $3,058.00 in attorney’s fees; (4) $669.93 in costs; and (5) $3,840.00 in
audit fees. Plaintiffs’ request for interest on the unpaid contributions is dismissed without
prejudice. Within fourteen (14) days of the entry of this Order, Plaintiffs shall file a new motion,
if any, to demonstrate Defendant’s obligation to pay contributions to the Funds for the period of
January 1, 2008 through June 7, 2009 and June 3, 2013 through December 31, 2014. Any new
motion shall also address the calculation of pre-judgment interest on the delinquent contributions
as set forth on pages 8 and 9 of Magistrate Judge Bloom’s Report and Recommendation. The
Clerk of Court is directed to enter judgment.

Dated: July 25, 2017
Brooklyn, New York
SO ORDERED:
/s/ LDH
LASHANN DEARCY HALL
United States District Judge

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