Ferrara et al v. Marsani Construction, Inc.

Filing 16

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS - Judge Wall's Report & Recommendation is ADOPTED in its entirety. Plaintiffs are awarded a default judgment. Plaintiffs are awarded damages in the amounts set forth herein. The Clerk of the Court is directed to enter a Judgment consistent with this Order. So Ordered by Judge Joanna Seybert on 8/12/11. C/ECF (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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JOSEPH A. FERRARA, SR., FRANK H.
FINKEL, MARC HERBST, DENISE RICHARDSON
THOMAS CORBETT, ANTHONY D’AQUILA,
THOMAS GESUALDO, LOUIS BISIGNANO,
DOMINICK MARROCCO, and ANTHONY PIROZZI,
as Trustees and Fiduciaries of the
Local 282 Welfare Trust Fund, the
Local 282 Pension Trust Fund, the
Local 282 Annuity Trust Fund, the
Local 282 Job Training Fund, and the
Local 282 Vacation and Sick Leave
Trust Fund,

MEMORANDUM & ORDER
10-CV-3442(JS)(WDW)

Plaintiffs,
-againstMARSANI CONSTRUCTION, INC.,
Defendant.
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APPEARANCES:
For Plaintiff:
Joseph J. Vitale, Esq.
Tzvi N. Mackson. Esq.
Cohen, Weiss and Simon LLP
330 West 42nd Street
New York, NY 10036
For Defendants:

No appearances.

SEYBERT, District Judge:
Pending before the Court is Magistrate Judge William D.
Wall’s Report and Recommendation (“R&R”), issued on March 11, 2011.
For the following reasons, the Court ADOPTS this R&R in its
entirety.
BACKGROUND
Plaintiffs

commenced

this

action

on

July

28,

2010

alleging a violation of Section 15 of ERISA, 29 U.S.C. § 1145.

Defendant did not answer the Complaint or otherwise appear in this
action.

On November 23, 2010, Plaintiffs moved for a default

judgment.

On December 15, 2010, the Court referred Plaintiffs’

motion to Judge Wall.
On March 11, 2011, Judge Wall issued an R&R recommending
that a default judgment be granted and that Plaintiffs be awarded:
(1) estimated unpaid contributions for the period from November 1,
2008 through September 30, 2010 in the amount of $4,267.47; (2)
interest on the contributions through November 15, 2010 in the
amount of $787.69, plus additional interest in the amount of $2.10
per day from November 16, 2010 through the date of payment; (3)
liquidated damages in the amount of $853.49; (4) attorneys’ fees in
the amount of $9,358.50; and $444.46 in costs.

Judge Wall did not

recommend

daily

awarding

$350

in

audit

fees

or

accrual

of

liquidated damages.
No party has objected to any portion of Judge Wall’s R&R.
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).

findings

and

28 U.S.C. §

If no timely objections have been made, the “court

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

Urena v. New York, 160 F. Supp. 2d 606, 609-10

2

(S.D.N.Y. 2001) (internal quotation marks and citation omitted).
Here, no party objected to Judge Wall’s R&R.

And the

Court finds his R&R to be correct, comprehensive, well-reasoned and
free of any clear error.

Accordingly, the Court ADOPTS it in its

entirety.
CONCLUSION
Judge Wall’s R&R is ADOPTED in its entirety.
are awarded a default judgment.

Plaintiffs

Plaintiffs are awarded damages in

the following amounts:
(1)

$4,267.47 in estimated unpaid contributions;

(2)

$787.69 in unpaid interest;

(3)

additional interest in the amount of $2.10 per day
from November 16, 2010 through the date of payment;

(4)

$853.49 in liquidated damages;

(5)

$9,358.50 in attorneys’ fees; and

(6)

$444.46 in costs.

The Clerk of the Court is directed to enter a Judgment
consistent with this Order.
SO ORDERED.
/s/ JOANNA SEYBERT
Joanna Seybert, U.S.D.J.
Dated:

August
12 , 2011
Central Islip, New York

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