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
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