Board of Trustees of the Leather Goods Plastics Handbags and Novelty Workers Union, Local 1 Joint Retirement Fund v. Stein Fish Co, Inc.

Filing 17

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATION - Judge Wall's R&R is ADOPTED in its entirety. Plaintiff is awarded a default judgment and damages in the following amounts: (1) $22,587.00 in withdrawal liability; (2) $598.81 in interest; (3) $2,660.00 in attorneys' fees; and (4) $394.50 in costs. The Clerk of the Court is directed to enter a Judgment consistent with this Memorandum and Order and to mark this matter CLOSED. So Ordered by Judge Joanna Seybert on 6/12/2012. C/ECF (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------X
BOARD OF TRUSTEES OF THE LEATHER GOODS
PLASTICS HANDBAGS AND NOVELTY WORKERS
UNION, LOCAL 1 JOINT RETIREMENT FUND,
MEMORANDUM & ORDER
11-CV-1784(JS)(WDW)

Plaintiff,
-againstSTEIN FISH CO., INC.,

Defendant.
---------------------------------------X
APPEARANCES
For Plaintiff:
Jonathan R. Friedman, Esq.
UFCW Local 342
166 E. Jericho Turnpike
Mineola, NY 11501
For Defendant:

No appearances.

SEYBERT, District Judge:
Pending before the Court is Magistrate Judge William
W. Wall’s Report and Recommendation (“R&R”), issued on April 12,
2012.

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

its entirety.
BACKGROUND
Plaintiff
Plastic,

Handbags

Board
and

of

Trustees

Novelty

Workers

of

the

Union,

Leather
Local

1

Goods,
Joint

Retirement Fund (“Plaintiff”) commenced this action on April 12,
2011 seeking payment of withdrawal liability, accrued interest,
attorneys’ fees, and costs pursuant to Sections 502 and 4201 of
the Employee Retirement Income Security Act of 1974 (“ERISA”),

29 U.S.C. §§ 1132, 1381.

Defendant did not answer the Complaint

or otherwise appear in the action.

Plaintiff moved for an entry

of default on July 25, 2011 (Docket Entry 3), which was entered
by the Clerk of the Court on July 26, 2011 (Docket Entry 5).

On

November 1, 2011, Plaintiff moved for default judgment and an
award of damages (Docket Entries 6-7), and on November 2, 2011,
the

Court

referred

Plaintiff’s

motion

to

Judge

Wall

(Docket

Entry 8).
Judge

R&R

on

April

12,

2012

judgment

be

granted

and

that

Plaintiff be awarded $26,240.31, broken down as follows:

(1)

recommending

Wall

that

issued

a

default

an

$22,587.00 in withdrawal liability, (2) $598.81 in interest, (3)
$2,660.00 in attorneys’ fees, and (4) $394.50 in costs.
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

recommendations

made

636(b)(1)(C).

If

whole

by

no

the

timely

or

in

part,

magistrate
objections

the

judge.”
have

findings
28

been

and

U.S.C.
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

citation omitted).
2

quotation

marks

and

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
Plaintiff

is

Wall’s

awarded

a

R&R

is

default

ADOPTED

in

judgment

and

its

entirety.

damages

in

the

following amounts:
(1) $22,587.00 in withdrawal liability;
(2) $598.81 in interest;
(3) $2,660.00 in attorneys’ fees; and
(4) $394.50 in costs.
The Clerk of the Court is directed to enter a Judgment
consistent

with

this

Memorandum

and

Order

and

to

mark

this

matter CLOSED.

SO ORDERED.

/s/ JOANNA SEYBERT___________
Joanna Seybert, U.S.D.J.
Dated:

June 12, 2012
Central Islip, NY

3