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)
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.
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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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