Health & Welfare Fund of the United Food & Commercial Workers Local 2013, AFL-CIO v. Precision Abstract LLC

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATION in its entirely. A default judgment is entered against the defendant. Ordered by Judge Ann M. Donnelly on 9/26/2017. (Greene, Donna)

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IN CLERK'S OFFICE US DISTRICT COURT E.D.N.Y. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ^ SEP 2 6 2017 Tir -X HEALTH & WELFARE FUND OF THE UNITED FOOD & COMMERCIAL WORKERS LOCAL 2013 AFL-CIO, BY ITS TRUSTEES,LOUIS MARK CAROTENUTO and STANLEY FLEISHMAN, Plaintiff, BROOKLYN OFFICE ORDER ADOPTING REPORT AND RECOMMENDATION 16-CV-04690(AMD) (SMG) -against- PRECISION ABSTRACT,LLC, Defendant. -X Ann M.Donnelly, United States District Judge: On August 23,2016,the plaintiff. Health & Welfare Fund ofthe United Food & Commercial Workers Local 2013 commenced this action against the defendant, Precision Abstract, LLC ("Precision"), alleging violations ofthe Employee Retirement Income Security Act of 1974,29 U.S.C. §§ 1001 et seq., and the Labor Management Relations Act,29 U.S.C. §§ nsetseq. (ECFNo. 1.) On October 14, 2016,the Clerk entered the defendant's default. (ECF No.9). Thereafter, on October 17,2016,the plaintiff moved for defaultjudgment. (ECF No. 10.) On October 18, 2016,1 referred this matter to United States Magistrate Judge Steven M. Gold for a report and recommendation as to whether to grant the plaintiffs default judgment and award damages. On May 19,2017, Judge Gold issued a report recommending that I enter default judgment against the defendant, as well as award the following damages'from Precision: (a) 'Judge Gold determined that calculating damages in this matter would be straightforward, and therefore found ,t unnecessary to conduct a damages hearing. (ECF No. 20 at 7.) $3,288.00(unpaid contributions);(b) prejudgment interest^;(c)$657.60(liquidated damages); and (d)$2,188.00 (attorneys' fees and costs). (ECF No. 20 at 6-11.) In reviewing an R&R,a district court"may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1)(C). Where, as here, no party has objected to the magistrate judge's recommendation,"a district court need only satisfy itself that there is no clear error on the face ofthe record." Urena v. New York^ 160 F.Supp.2d 606,609-10(S.D.N.Y. 2001)(quoting Nelson v. Smithy 618 F.Supp. 1186, 1189 (S.D.N.Y. 1985)). I have reviewed Judge Gold's thorough and well-reasoned report and recommendation, and find there are no errors. Thus, I adopt the report and recommendation in its entirely. Accordingly, a default judgment is entered against the defendant. The Clerk of the Court is respectfully directed to enter judgment against the defendant for the amount of $6,133.60 in addition to prejudgment interest. SO ORDERED. s/Ann M. Donnelly [. Donnelly 'q United States District Judge Dated: Brooklyn, New York September 26,2017 ^ Prejudgment interest is calculated at the rate of 1.5% per annum on $1,096.00 from August 31, 2015,$1,096.00 from September 30, 2015, and $1,096.00 from November 30, 2015 through the date final judgment is entered.

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