Duffy et al v. East Port Excavation & Utilities Contractors, Inc. et al
Filing
68
ORDER; For the reasons stated herein, the Court adopts Judge Lindsay's May 23, 2014 Report and Recommendation as set forth therein. Accordingly, the Court awards plaintiffs $39,527.00 in attorneys' fees and $2,444.22 in costs. The clerk of the Court is directed to enter judgment in accordance with the attached Judgment' reflecting these amounts as well as the amounts due toplaintiffs in unpaid contributions, interest on the unpaid contributions, liquidated damages, and audit fees. (Ordered by Judge Denis R. Hurley on 8/25/2014.) (Attachments: # 1 Attachment - 1) (Fagan, Linda)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------------------------------){
WILLIAM K. DUFFY, et al.,
Plaintiffs,
ORDER
07 CV 217 (DRH) (ARL)
-againstEAST PORT E){CAVATION & UTILITIES
CONTRACTORS, INC., et al.,
Defendants.
----------------------------------------------------------){
HURLEY, Senior District Judge:
Plaintiffs, the trustees of the Local138, 138A & !38B, International Union of Operating
Engineers Welfare Fund, Legal Fund, Apprenticeship Training Fund, and Annuity Fund, and
Michael Fanning, CEO of the Central Pension Fund (collectively the "plaintiffs") commenced
this action pursuant to Sections 515 and 502(a)(3) of the Employee Retirement Income Security
Act ("ERISA"), alleging that defendants East Port Excavation & Utilities Contractors, Inc.,
Eastport Manor Construction, Inc. and Steven Governale (collectively "defendants") violated
their statutory and contractual obligations to make contributions to the various plaintiffs' funds.
Following a bench trial held on June 6, 7, and 20,2011, by Memorandum and Order dated
September 19,2013, the Court found the defendants jointly and severally liable for contributions
not made to plaintiffs for the period June I, 2000 to December 3!, 2009. As part of that Order,
the Court directed plaintiffs to submit an affidavit on or before November 8, 2013 in support of
their request for attorneys' fees and costs and directed defendants to file any opposition by
December 6, 2013. Plaintiffs filed an affidavit in support on November 8, 2013, and defendants
did not file any opposition.
On March 3, 2014, the Court referred the plaintiffs' motion for attorneys' fees to
I
Magistrate Judge Arlene R. Lindsay. On May 23, 2014, Judge Lindsay issued a Report and
Recommendation recommending that plaintiffs be awarded attorneys' fees in the amount of
$39,527.00 and costs in the amount of$2,444.22. At this time, no party has filed any objections
to the Report and Recommendation.
Pursuant to 28 U.S.C. ยง 636(b) and Federal Rule of Civil Procedure 72, this Court has
reviewed the Report and Recommendation for clear error, and finding none, now concurs in both
its reasoning and its result. Accordingly, the Court adopts Judge Lindsay's May 23, 2014 Report
and Recommendation as set forth therein. Accordingly, the Court awards plaintiffs $39,527.00
in attorneys' fees and $2,444.22 in costs. The clerk of the Court is directed to enter judgment in
accordance with the attached Judgment' reflecting these amounts as well as the amounts due to
plaintiffs in unpaid contributions, interest on the unpaid contributions, liquidated damages, and
audit fees.
SO ORDERED.
Dated: Central Islip, New York
August 25, 2014
Is/
Denis R. Hurley
Unites States District Judge
1
As directed by the Court's Order of September 19,2013, plaintiffs submitted a proposed
judgment and accompanying statement of damages. Defendants did not oppose plaintiffs'
proposed judgment.
2
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