The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO et al v. Barbella Environmental Technology, Inc.

Filing 18

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: After careful review of the record, the Court adopts Chief Magistrate Judge Mann's thorough R&R as the opinion of the Court. Accordingly, the Court grants Plaintiffs' motion for default judgment and awards damages in accordance with Page 20 of the R&R. The Clerk of Court is directed to close this case. Ordered by Judge Carol Bagley Amon on 9/13/2018. (fwd for judgment) (Fernandez, Erica)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

THE ANNUITY, WELFARE,AND SAFETY
FUNDS OF THE INTERNATIONAL UNION

OF OPERATING ENGINEERS LOCAL 15,

m

15A, 15C & 15D, AFL-CIO,BY THEIR
TRUSTEES JAMES T. CALLAHAN,THOMAS
A. CALLAHAN,MICHAEL SALGO and

DENISE M.RICHARDSON,CENTRAL
PENSION FUND OF THE INTERNATIONAL

UNION OF OPERATING ENGINEERS,BY
ITS CHIEF EXECUTIVE OFFICER MICHAEL
R. FANNING,and INTERNATIONAL UNION

OF OPERATING ENGINEERS LOCAL 15,

NOT FOR PUBLICATION

15A, 15C & 15D, AFL-CIO BY ITS
PRESIDENT «& BUSINESS MANAGER

MEMORANDUM & ORDER

17-CV-4397(CBA)
(RLM)

THOMAS A. CALLAHAN,
Plaintiff,
-against-

BARBELLA ENVIRONMENTAL
TECHNOLOGY,INC.
Defendant.
-X

AMON,United States District Judge:

Plaintiffs ^trustees for various employee benefit funds (collectively, the "Local 15 Trust

Funds )ofthe International Union of Operating Engineers Local 15, 15A, 15C & 15D,AFL-CIO
( Local 15 ), and officers ofLocal 15 and the Central Pension Fund ofthe International Union of
Operating Engineers("CPF")—filed the instant action against Defendant Barbella Environmental

Technology,Inc. Barbella"). Plaintiffs allege that Barbella failed to remit contributions required
(
pursuant to collective bargaining agreements, in violation of the Employee Retirement Income

Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 ^ m., and Section 301 of the Labor

Management Relations Act of 1947("LMRA"), 29 U.S.C. § 185 ^ sea, (See generally D.E.# 1
("Compl.").) Barbella did not respond to the Complaint. (See D.E. #5.) The Clerk of the Court

entered default on September 5, 2017. (D.E. # 7 at 1.) Plaintiffs moved for default judgment
seeking an award ofdelinquent payments,interest, damages,attorney's fees, and costs. (D.E.# 8.)
The Court referred the motion to the Honorable Roanne L. Mann, Chief United States Magistrate
Judge,for a Report and Recommendation("R&R"). Chief Magistrate Judge Mann recommended
that the Court enter default judgment against Barbella for ERISA and LMRA violations. (D.E.
# 17.)

In addition to recommending default judgment. Chief Magistrate Judge Mann

recommended damages. A full accounting ofthose damages can be found on Page 20 ofthe R&R.
No party has objected to the R&R and the time has passed for doing so. The 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). The Court may accept portions of the R&R so long as
there is "no clear error on the face of the record." Jarvis v. N. Am. Globex Fund. L.P.. 823 F.

Supp. 2d 161, 163 (E.D.N.Y. 2011)(quoting Wilds v. United Parcel Serv.. 262 F. Supp. 2d 163,
169(S.D.N.Y. 2003)).

After careftil review of the record, the Court adopts Chief Magistrate Judge Mann's
thorough R&R as the opinion of the Court. Accordingly, the Court grants Plaintiffs' motion for
defaultjudgment and awards damages in accordance with Page 20 ofthe R&R. The Clerk ofCourt
is directed to close this case.

SO ORDERED.

Dated: September
2018
Brooklyn, New York

s/Carol Bagley Amon

"Carol Bagley Amori
United States District Judge