Board of Trustees of the Leather Goods Plastics Handbags and Novelty Workers Union, Local 1 Joint Retirement Fund v. Stein Fish Co, Inc.
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
BOARD OF TRUSTEES OF THE LEATHER GOODS
PLASTICS HANDBAGS AND NOVELTY WORKERS
UNION, LOCAL 1 JOINT RETIREMENT FUND,
MEMORANDUM & ORDER
-againstSTEIN FISH CO., INC.,
Jonathan R. Friedman, Esq.
UFCW Local 342
166 E. Jericho Turnpike
Mineola, NY 11501
SEYBERT, District Judge:
Pending before the Court is Magistrate Judge William
W. Wall’s Report and Recommendation (“R&R”), issued on April 12,
For the following reasons, the Court ADOPTS this R&R in
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).
November 1, 2011, Plaintiff moved for default judgment and an
award of damages (Docket Entries 6-7), and on November 2, 2011,
Plaintiff be awarded $26,240.31, broken down as follows:
$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
In reviewing an R&R, a district court “may accept,
“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
Here, no party objected to Judge Wall’s R&R.
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.
(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
/s/ JOANNA SEYBERT___________
Joanna Seybert, U.S.D.J.
June 12, 2012
Central Islip, NY
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