Kilkenny, et al., as Trustees of the Construction Council Local 175 Annuity Fund et al v. Manco Enterprises, Inc. et al

Filing 74

MEMORANDUM and ORDER ADOPTING REPORT AND RECOMMENDATION: No error, plain or otherwise, appears on the face of the MJ Merkl's Report and Recommendation 66 . Accordingly, the Court adopts the Report and Recommendation without de novo review. Plain tiff's motion 64 for a judgment is GRANTED. The Court enters judgment for Plaintiffs against Defendants Manco and Manetta of a total of $36,501,916.44, including $18,871,118.45 for delinquent contributions, $15,743,686.14 in interest, and $1,887,111.85 in liquidated damages. The Clerk shall enter judgment in accordance with this opinion. Ordered by Judge Frederic Block on 3/12/2025. (MI)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
------------------------------------------------x
JAMES KILKENNY, ET AL., as
Trustees of the Construction Council
Local Union 175 Pension Fund, JAMES
KILKENNY, ET AL., as Trustees of the
Construction Council Local 175 Welfare
Fund, JAMES KILKENNY, ET AL., as
Trustees of the Construction Council
Local 175 Annuity Fund, and JAMES
KILKENNY, ET AL., as Trustees of the
Construction Council Local 175 Training
Fund,

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MEMORANDUM AND ORDER
Case No. 20-CV-4765-FB-TAM

Plaintiffs,
-againstMANCO ENTERPRISES, INC.,
MANETTA ENTERPRISES, INC., and
RIMANI GROUP, INC.,
Defendants.
------------------------------------------------x
Appearances:
For the Plaintiffs:
ELISE S. FELDMAN
Rothman Rocco LaRuffa, LLP
3 West Main Street, Suite 200
Elmsford, New York 10523

For Defendants Manco Enterprises,
Inc., and Manetta Enterprises, Inc:
ANDREA H. MARCUS
161 West 61st Street, 19th Floor
New York, New York 10023

BLOCK, Senior District Judge:
On December 19, 2024, the Court referred a proposed judgment by Pension,
Welfare, Annuity, and Training Funds, by their Trustees James Kilkenny and

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others, (collectively “Plaintiffs”) to Magistrate Judge Taryn A. Merkl for the
calculation of damages against Manco Enterprises, Inc. (“Manco”) and Manetta
Enterprises, Inc. (“Manetta”) (collectively “Defendants”). Defendants did not
oppose the proposed judgment.
On February 14, 2025, Magistrate Judge Taryn A. Merkl issued a Report and
Recommendation (“R&R”) recommending the Court to enter judgment against
Defendants Manco and Manetta in a total amount of $36,501,916.44, including
$18,871,118.45 for delinquent contributions, $15,743,686.14 in interest, and
$1,887,111.85 in liquidated damages. R&R at 5–6.
The R&R gave the parties fourteen days to file objections, i.e., until
February 28, 2025, and warned that “[f]ailure to file objections within the specified
time waives the right to appeal aboth before the district court and appellate courts.”
Id. at 6. No objections have been filed. If clear notice has been given of the
consequences of failing to object, and there are no objections, the Court may adopt
the R&R without de novo review. See Thomas v. Arn, 474 U.S. 140, 149-50
(1985); Smith v. Campbell, 782 F.3d 93, 102 (2d Cir. 2015) (“Where parties
receive clear notice of the consequences, failure to timely object to a magistrate’s
report and recommendation operates as a waiver of further judicial review of the
magistrate’s decision.” (citations omitted)). The Court will, however, excuse the
failure to object and conduct de novo review if it appears that the magistrate judge
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may have committed plain error. See Spence v. Superintendent, Great Meadow
Corr. Facility, 219 F.3d 162, 174 (2d Cir. 2000).
No error, plain or otherwise, appears on the face of the R&R. Accordingly,
the Court adopts the R&R without de novo review. The Court enters judgment for
Plaintiffs against Defendants Manco and Manetta of a total of $36,501,916.44,
including $18,871,118.45 for delinquent contributions, $15,743,686.14 in interest,
and $1,887,111.85 in liquidated damages. The Clerk shall enter judgment in
accordance with this opinion.
SO ORDERED.
_/S/ Frederic Block_________
FREDERIC BLOCK
Senior United States District Judge
Brooklyn, New York
March 12, 2025

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