Gesualdi et al v. Abbey Tool & Industrial Supply Inc.

Filing 17

MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION - Judge Lindsay's R&R is thorough, well-reasoned, and free of clear error. Accordingly, it is ADOPTED in its entirety. The Clerk of the Court is respectfully directed to enter judgment against Defendant and in favor of Plaintiffs in the amount of $7,929.96. The Clerk of the Court is further directed to mark this case CLOSED. So Ordered by Judge Joanna Seybert on 9/17/2012. C/ECF (Valle, Christine)

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FILED  CLERK    9/17/2012 2:23 pm   U.S. DISTRICT COURT  EASTERN DISTRICT OF NEW YORK  LONG ISLAND OFFICE  UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------X THOMAS GESUALDI, LOUIS BISIGNANO, DOMINICK MARROCCO, ANTHONY PIROZZI, JOSEPH A. FERRARA, SR., FRANK H. FINKEL, MARC HERBST, DENISE RICHARDSON, THOMAS F. CORBETT, and ANTHONY D'AQUILA 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 Trust Fund, and the Local 282 Vacation and Sick Leave Trust Fund, MEMORANDUM & ORDER 11-CV-4213(JS)(ARL) Plaintiffs, -againstABBEY TOOL & INDUSTRIAL SUPPLY, INC., Defendant. ---------------------------------------X APPEARANCES For Plaintiffs: Michael Seth Adler, Esq. Cohen, Weiss and Simon LLP 330 West 42nd Street, 25th Floor New York, NY 10036 For Defendant: No Appearances. SEYBERT, District Judge: Plaintiffs, the Trustees of certain employee benefit funds (the Supply, “Funds”), Inc. to sued enforce Defendant Abbey Defendant’s collective bargaining agreement. Tool & obligations Industrial under a Defendant has not appeared or otherwise defended this suit, and Plaintiffs moved for a default judgment. On July 30, 2012, Magistrate Judge Arlene R. Lindsay issued a Report and Recommendation (“R&R”) recommending that a default judgment be entered and that Plaintiffs $7,929.96 in attorneys’ fees and costs.1 be awarded No objections were filed within the prescribed time. Judge Lindsay’s R&R is thorough, well-reasoned, and free of entirety. clear error. Accordingly, it is ADOPTED in its The Clerk of the Court is respectfully directed to enter judgment against Defendant and in favor of Plaintiffs in the amount of $7,929.96. The Clerk of the Court is further directed to mark this case CLOSED. SO ORDERED. /s/ JOANNA SEYBERT______ Joanna Seybert, U.S.D.J. Dated: September 17, 2012 Central Islip, New York 1 The amount to be awarded is limited to the attorneys’ fees and costs Plaintiffs incurred in bringing this action to enforce Defendant’s obligations under the collective bargaining agreement and ERISA. The evidence established that Defendant breached the agreement and violated ERISA but that it did not owe any contributions to the Plaintiff funds. (See R&R at 4 n.2.) 2

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