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

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATION: The parties have filed no objections to Magistrate Judge Bloom's Report and Recommendation on Plaintiff's second motion for default judgment. The Court has reviewed the record and the Report and Rec ommendation for clear error, and, finding none, hereby adopts Magistrate Judge Bloom's Report and Recommendation 28 in its entirety as the opinion of this Court. Accordingly, Plaintiff's second motion for default judgment 23 is hereby GRANTED. See attached Order for details. The Clerk of the Court is respectfully directed to enter judgment in accordance with this Order and close the case. Ordered by Judge LaShann DeArcy Hall on 3/30/2018. (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 &
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 November 13, 2017, United States Magistrate Judge Lois Bloom issued a report and
recommendation (the “Report and Recommendation”) (R. & R., ECF No. 28), 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 August 8, 2017 second motion for default judgment 1 as to
Defendant Tuscany Tile & Stone, Inc. be granted (see Pls.’ Mot., ECF No. 23). Any written

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By order dated July 25, 2017, this Court adopted the Report and Recommendation of Magistrate Judge Bloom
recommending that the Court grant in part, and deny in part, Plaintiffs’ first motion for default judgment. (Order
Adopting R. & R., ECF No. 21.) Specifically, damages were entered in the amount of $19,554.12, representing: (1)
$9,988.49 in unpaid contributions for the period from June 8, 2009 through June 2, 2013; (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. (Id.) Plaintiffs’
request for interest on the unpaid contributions was dismissed without prejudice. (Id.) However, the Court afforded
Plaintiffs fourteen (14) days from the entry of the order to file a second motion for default judgment 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 through December 31, 2014 and addressing the calculation of pre-judgment interest on delinquent
contributions. (Id.)

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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.
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’ second motion for default judgment against Defendant Tuscany
Tile & Stone, Inc., is hereby granted and damages are to be entered in the amount of $236,632.98,
representing: (1) $134,834.18 in unpaid contributions; (2) 72,044.03 in interest; (3) $26,966.84 in
liquidated damages; (4) $2,763.30 in attorney’s fees; and (5) $24.63 in costs. Plaintiffs are also
entitled to $42.42 in daily interest from August 1, 2017, to the date of payment. The Clerk of
Court is directed to enter judgment and close this case.

Dated: March 30, 2018
Brooklyn, New York
SO ORDERED:
/s/ LDH
LASHANN DEARCY HALL
United States District Judge

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