Flanagan, as a Trustee of the General Building Laborers' Local 66 Pension Fund et al

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Lindsay in its entirety; Andrew Antonacci terminated.; granting 17 Report and Recommendations. Default denied as to Antonacci; default as to MNT is granted, however, request for damages against MNT is denied without prejudice. Plaintiffs may renew request for damages against MNT on or before Jan. 31, 2012. Ordered by Judge Joanna Seybert on 1/4/2012. (Bollbach, Jean)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------X
STEPHEN FLANAGAN, as a Trustee of the
GENERAL BUILDING LABORERS’ LOCAL 66
PENSION FUND; STEPHEN FLANAGAN, as a
Trustee of the GENERAL LABORERS’ LOCAL
66 WELFARE FUND; STEPHEN FLANAGAN, as
Trustee of the GENERAL BUILDING
LABORERS’ LOCAL 66 ANNUITY FUND;
STEPHEN FLANAGAN, as Trustee of the
GENERAL BUILDING LABORERS’ LOCAL 66
LABORERS’ EMPLOYER COOPERATIVE AND
EDUCATIONAL TRUST FUND; STEPHEN
FLANAGAN, as Trustee of the GENERAL
BUILDING LABORERS’ LOCAL 66 GREATER NY
LABORERS’ EMPLOYER COOPERATIVE AND
EDUCATIONAL TRUST FUND; STEPHEN FLANAGAN,
as Trustee of the GENERAL BUILDING
LABORERS’ LOCAL 66 TRAINING PROGRAM;
STEPHEN FLANAGAN, as Trustee of the
GENERAL BUILDING LABORERS’ LOCAL 66 NEW
YORK STATE HEALTH AND SAFETY FUND;
STEPHEN FLANAGAN, as Business Manager
of the GENERAL BUILDING LABORERS’ LOCAL
66 of the LABORERS’ INTERNATIONAL UNION
OF NORTH AMERICA, AFL-CIO,

MEMORANDUM & ORDER
09-CV-1250(JS)(ARL)

Plaintiffs,
-againstM.N.T. DEVELOPMENT CORP. and ANDREW
ANTONACCI,
Defendants.
--------------------------------------X
APPEARANCES
For Plaintiffs:
Alicia M. Menechino, Esq.
Law Offices of William T. LaVelle, P.C.
The LaVelle Building
57 East Main Street
Patchogue, NY 11775
For Defendants:

No appearances.

SEYBERT, District Judge:

Pending before the Court is Magistrate Judge Arlene R.
Lindsay’s Report and Recommendation (“R&R”) issued on December
13, 2011.

For the following reasons, the Court ADOPTS this R&R

in its entirety.
BACKGROUND
Plaintiffs

commenced

against M.N.T. Development

this

action

on

March

25,

2009

Corp. (“MNT”) and Andrew Antonacci

(“Antonacci”) alleging violations of Section 515 of ERISA, 29
U.S.C. § 1145.

(Docket Entry 1.)

Defendants did not answer the

Complaint or otherwise appear in this action.

On August 29,

2011, Plaintiffs simultaneously moved for an entry of default
and a default judgment.

(Docket Entry 10.)

On August 31, 2011,

the Clerk of the Court noted the default (Docket Entry 11), and
on September 22, 2011, the Court referred Plaintiffs’ motion for
a default judgment to Judge Lindsay for an R&R (Docket Entry
12).
On

December

13,

2011,

Judge

Lindsay

issued

an

R&R

recommending that (i) Plaintiffs’ motion for a default judgment
against

Antonacci

be

default

judgment

against

Plaintiffs’

request

denied;

for

MNT

an

denied with leave to renew.
No

party

has

(ii)
be

award

Plaintiffs’
granted;
of

motion

and

damages

for

(iii)

against

a

that

MNT

be

(Docket Entry 17.)

objected

Lindsay’s R&R.
2

to

any

portion

of

Judge

DISCUSSION
In reviewing an R&R, a district court “may accept,
reject,

or

modify,

in

whole

or

in

part,

the

recommendations made by the magistrate judge.”
636(b)(1)(C).

If

no

timely

objections

have

findings

and

28 U.S.C. §
been

made,

the

“court need only satisfy itself that there is no clear error on
the face of the record.”
606,

609-10

(S.D.N.Y.

Urena v. New York, 160 F. Supp. 2d

2001)

(internal

quotation

marks

and

Here, no party objected to Judge Lindsay’s R&R.

And

citation omitted).

the

Court

finds

her

R&R

to

be

free

of

any

clear

error.

Accordingly, the Court ADOPTS it in its entirety.
CONCLUSION
Judge

Lindsay’s

R&R

is

ADOPTED

in

its

entirety.

Plaintiffs’ motion for a default judgment against Antonacci is
DENIED, and the Clerk of the Court is directed to terminate him
as a Defendant in this action.

Plaintiffs’ motion for a default

judgment against MNT is GRANTED; however, Plaintiffs’ request
for damages against MNT is DENIED WITHOUT PREJUDICE at this
time.

Plaintiffs may renew their request for damages against

MNT on or before January 31, 2011 by filing a signed copy of the
collective

bargaining

agreement

outlined in Judge Lindsay’s R&R.
accepted.
3

and

proper

affidavits

as

No late submissions will be

SO ORDERED.
/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
Dated:

January
4 , 2012
Central Islip, New York

4