Trustees Of The Mosaic and Terrazzo Welfare, Pension, Annuity, and Vacation Funds et al v. Elite Terrazzo Flooring, Inc. et al

Filing 85

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: As stated in the R&R: Mr. Abrahamsen's motion to withdraw is GRANTED, subject to his payment of the outstanding $5,892.10 owed pursuant to the Court's order of June 4, 2019. In addition to the outstanding $5,892.10, Plaintiffs shall be awarded $10,270.00 in attorneys' fees; the total amount, $16,162.10, is to be paid by Mr. Abrahamsen. Defendants are ORDERED to obtain new counsel no later than 14 days fo llowing the filing of this order; should Defendants fail to do so, the Court will strike Defendants' answer and enter a default against them. Should Defendants obtain new counsel, Plaintiffs' counsel is directed to file a status letter by M ay 1,2020, advising the Court whether or not new defense covmsel is engaging in productive discovery discussions. If the Court concludes, after giving defense counsel an opportunity to be heard, that Defendants are not engaging in productive discovery, the Court will similarly strike Defendants' answer and enter a default against them. Defendants' motion for additional sanctions is DENIED. Ordered by Judge Carol Bagley Amon on 3/11/2020. (Fernandez, Erica)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

* M^R 11 2020 *
-X

TRUSTEES OF THE MOSAIC AND

BROOKLYN OFFICE

TERRAZZO WELFARE,PENSION,

ANNUITY, AND VACATION FUNDS and
TRUSTEES OF THE BRICKLAYERS &
TROWEL TRADES INTERNATIONAL
PENSION FUND,

Plaintiffs,

NOT FOR PUBLICATION
MEMORANDUM & ORDER

18-CV-01471 (CBA)(CLP)

-againstELITE TERRAZZO FLOORING,INC., et al,
Defendants.

AMON,United States Distriet Judge:

Plaintiffs Trustees of the Mosaic and Terrazzo Welfare, Pension, Annuity, and Vacation

Funds and Trustees of the Bricklayers & Trowel Trades International Pension Fund filed this

action against defendants Elite Terrazzo Flooring, Inc., and Picnic Worldwide on March 9, 2018.
(ECF Docket Entry ("D.E.") # 1.) Plaintiffs sued pursuant to the Employee Retirement Income

Security Act of 1974, as amended, 29 U.S.C. § lOOI et seq. and Section 301 of the Labor
Management Relations Act of 1947, as amended,29 U.S.C. § 185, to collect delinquent employer
contributions owed to a group of employee benefit plans, and for declaratory relief. (Id at I.)

Chief Magistrate Judge Pollak submitted a Report and Recommendation ("R&R") to this Court
that resolves Plaintiffs' various motions for sanctions pursuant to Rules 11 and 37 of the Federal

Rules of Civil Procedure. (D.E. # 84, resolving D.E, ## 65, 73, 76, and 79.) In the R&R, Chief

Magistrate Judge Pollak grants Plaintiffs' motions for sanctions and recommends that this Court
enter a default against Defendants ifthey fail to obtain new counsel who will engage in productive
discovery.

No party has objected to the R&R,and the time for doing so has passed. When deciding
whether to adopt a report and recommendation, 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). To accept those portions ofthe R&R to which no timely objection has been made,"a

district court need only satisfy itself that 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)(internal quotation marks
and citation omitted). The Court has reviewed the record and, finding no clear error, adopts the
R&R.

As stated in the R&R: Mr. Abrahamsen's motion to withdraw is GRANTED,subject to his

payment of the outstanding $5,892.10 owed pursuant to the Court's order of June 4, 2019. In
addition to the outstanding $5,892.10, Plaintiffs shall be awarded $10,270.00 in attorneys' fees;
the total amount, $16,162.10, is to be paid by Mr. Abrahamsen. Defendants are ORDERED to

obtain new counsel no later than 14 days following the filing ofthis order; should Defendants fail
to do so, the Court will strike Defendants' answer and enter a default against them. Should
Defendants obtain new counsel,Plaintiffs' counsel is directed to file a status letter by May 1,2020,

advising the Court whether or not new defense covmsel is engaging in productive discovery
discussions. If the Court concludes, after giving defense counsel an opportunity to be heard, that

Defendants are not engaging in productive discovery, the Court will similarly strike Defendants'
answer and enter a default against them. Defendants' motion for additional sanctions is DENIED.

SO ORDERED.

Dated: March 11 ,2020
Brooklyn, New York

s/Carol Bagley Amon

Carol Bagley Xmory7

7

United States District Judge