Flanagan, as a Trustee of the General Building Laborers' Local 66 Pension Fund et al v. Capitol Interior & Exterior Design, Inc. et al

Filing 14

ORDER - The Court has reviewed Judge Lindsays Report and finds it be persuasive and without any legal or factual errors. There being no objection to Judge Lindsays Report, it is hereby ORDERED, that Judge Lindsays 10 Report and Recommendation is a dopted in its entirety. The Court awards the plaintiffs: (1) $6,807.75 in unpaid fringe benefit contributions; (2) $727.15 in interest; (3) $717.15 in liquidated damages; and (4) $350 in costs for a total award of $8,612.05, and it is further ORDERED, that the Clerk of the Court shall enter a judgment for the Plaintiff in the total amount of $8,612.05, and it is further ORDERED, that the Clerk of the Court is directed to close this case. Ordered by Senior Judge Arthur D. Spatt on 9/9/11. Terminating 4 Motion for Entry of Default as granted. (Coleman, Laurie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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STEPHEN FLANAGAN, as a Trustee of the GENERAL
BUILDING LABORERS’ LOCAL 66 PENSION FUND;
ORDER
10-CV-2271 (ADS) (ARL)
STEPHEN FLANAGAN, as a Trustee of the GENERAL
BUILDING LABORERS’ LOCAL 66 WELFARE FUND;
STEPHEN FLANAGAN, as a Trustee of the GENERAL
BUILDING LABORERS’ LOCAL 66 ANNUITY FUND;
STEPHEN FLANAGAN, as a Trustee of the GENERAL
BUILDING LABORERS’ LOCAL 66 LABORERS’
EMPLOYER COOPERATIVE AND EDUCATIONAL TRUST
FUND; STEPHEN FLANAGAN, as a Trustee of the GENERAL
BUILDING LABORERS’ LOCAL 66 GREATER NY
LABORERS’ EMPLOYER COOPERATIVE AND
EDUCATIONAL TRUST FUND; STEPHEN FLANAGAN, as a
Trustee of the GENERAL BUILDING LABORERS’ LOCAL 66
TRAINING PROGRAM; STEPHEN FLANAGAN, as a Trustee
of the GENERAL BUILDING LABORERS’ LOCAL 66 NEW
YORK STATE HEALTH AND SAFETY FUND; STEPHEN
FLANAGAN, as a Business Manager of GENERAL
BUILDING LABORERS’ LOCAL UNION NO. 66 of the
LABORERS’ INTERNATIONAL UNION OF NORTH
AMERICA, AFL-CIO,
Plaintiffs,
-vs.CAPITOL INTERIOR & EXTERIOR DESIGN, INC. and
BLAIR ROCCHIO
Defendants.
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APPEARANCES:
Law Offices of William T. LaVelle, P.C.
Attorneys for the plaintiffs
The LaVelle Building
57 East Main Street
Patchogue, NY 11772
By: Alicia M. Menechino, Esq., Of Counsel
NO APPEARANCE:
Capital Interior & Exterior Design, Inc.
Blair Rocchio

SPATT, District Judge.
On November 19, 2010, the Court referred this matter to United States Magistrate Judge
Arlene R. Lindsay for a report and recommendation as to the amount of damages, attorneys’
fees, and costs to be awarded following the entry of a default judgment against the Defendants
Capital Interior & Exterior Design, Inc. and Blair Rocchio. On July 7, 2011, Judge Lindsay
issued a thorough Report recommending that “damages be awarded in the amount of $8,612.05,
comprising of $6,807.75 in unpaid fringe benefit contributions, $727.15 in interest, $717.15 in
liquidated damages and $350 in costs”.
On July 7, 2011, the plaintiffs submitted a letter directed to the Clerk of the Court
objecting to the Report’s denial of their request for attorney’s fees. On July 15, 2011, this Court
sent a letter to the plaintiffs informing them their objection would not be considered because they
did not conform to the Court’s Individual Rules governing the format of objections from
Magistrate Judge decisions. The Court further stated that if they wished to have the Court
consider the objection, they must resubmit it in conformance with the Court’s Individual Rules.
To date, the plaintiffs have not resubmitted their objection to the Report, and there have been no
other objections filed to the Report.
In reviewing a report and recommendation, a 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)(C). “To accept the report and recommendation of a magistrate, 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.” Wilds v. United Parcel Serv., 262 F. Supp. 2d 163, 169 (S.D.N.Y. 2003)
(citing Nelson v. Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y. 1985)). The Court has reviewed

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Judge Lindsay’s Report and finds it be persuasive and without any legal or factual errors. There
being no objection to Judge Lindsay’s Report, it is hereby
ORDERED, that Judge Lindsay’s Report and Recommendation is adopted in its entirety.
The Court awards the plaintiffs: (1) $6,807.75 in unpaid fringe benefit contributions; (2)
$727.15 in interest; (3) $717.15 in liquidated damages; and (4) $350 in costs for a total award of
$8,612.05, and it is further
ORDERED, that the Clerk of the Court shall enter a judgment for the Plaintiff in the
total amount of $8,612.05, and it is further
ORDERED, that the Clerk of the Court is directed to close this case.

SO ORDERED.
Dated: Central Islip, New York
September 9, 2011

_/s/ Arthur D. Spatt_______
ARTHUR D. SPATT
United States District Judge

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