Sheet Metal Workers' National Pension Fund et al v. RHB Installations, Inc. et al

Filing 31

ORDER ADOPTING REPORT AND RECOMMENDATIONS : Judge Lindsays R&R (Docket Entry 28) is ADOPTED in its entirety. The Court is directed to enter judgment in favor of Plaintiffs and against Defendants in the amount of $125,472.56.The Clerk of the Court is directed to mark this matter CLOSED. Ordered by Judge Joanna Seybert on 3/31/15. (Bollbach, Jean)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------X
SHEET METAL WORKERS’ NATIONAL PENSION
FUND; NATIONAL ENERGY MANAGEMENT
INSTITUTE COMMITTEE FOR THE SHEET
METAL AND AIR CONDITIONING INDUSTRY;
SHEET METAL OCCUPATIONAL HEALTH
INSTITUTE TRUST; INTERNATIONAL TRAINING
INSTITUTE FOR THE SHEET METAL AND AIR
CONDITIONING INDUSTRY; and NATIONAL
STABILIZATION AGREEMENT OF THE SHEET
METAL INDUSTRY FUND,

MEMORANDUM AND ORDER
12-CV-2981(JS)(ARL)

Plaintiffs,
-againstRHB INSTALLATIONS INC. and RAYMOND
MARTIN, as an individual,
Defendant.
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APPEARANCES
For Plaintiffs:
Jeffrey S. Dubin, Esq.
Amy E. Lucas-Strang, Esq.
Doreen Nanda, Esq.
Jeffrey S. Dubin P.C.
464 New York Avenue, Suite 100
Huntington, NY 11743
For Defendants:

David Baram, Esq.
Amy E. Lucas-Strang, Esq.
Doreen Nanda, Esq.
Baram & Kaiser, Esqs
600 Old Country Road, Suite 300
Garden City, NY 11530

SEYBERT, District Judge:
Pending before the Court is Magistrate Judge Arlene R.
Lindsay’s Report and Recommendation (“R&R”), recommending that
this

Court

grant

Plaintiffs

$125,472.56

in

damages

following

defendants’ default.

(Docket Entry 28.)

For the following

reasons, the Court ADOPTS Judge Lindsay’s R&R in its entirety,
BACKGROUND
This action was commenced by the following plaintiff’s
on June 14, 2013: (1) the Metal Workers’ National Pension Fund;
(2) the National Energy Management Institute Committee for the
Sheet

Metal

And

Air

Conditioning

Industry;

the

Sheet

Metal

Occupational Health Institute Trust; the International Training
Institute for the Sheet Metal and Air Conditioning Industry; and
the National Stabilization Agreement of the Sheer Metal Industry
Fund

(collectively,

against

defendants

“Plaintiffs”).
RHB

Plaintiffs

Installations

Inc.

and

brought
Raymond

suit
Martin

(“Defendants”) seeking unpaid contributions under the Employee
Retirement Income Security Act of 1974 (“ERISA”).
On March 29, 2013, Plaintiffs moved for sanctions and a
default judgment against Defendants for failing to comply with
discovery demands.

(Docket Entry 14.)

On January 7, 2014, the

undersigned granted Plaintiffs’ motion and referred the matter to
Judge Lindsay for an inquest on damages.
Docket Entry 16, at 7.)

(Memorandum and Order,

By Order dated January 10, 2014, Judge

Lindsay directed Plaintiffs’ to file papers in support of their
damages claim.

(Docket Entry 17.)

Plaintiffs ultimately filed

two declarations in support of their damages claim.
Entries 19, 24).
2

(Docket

On August 18, 2014, Judge Lindsay issued her R&R.

The

R&R recommends that the Court award Plaintiffs $125,472.56 in
damages, comprising: (1) $99,079.22 in unpaid contributions; (2)
$19,815.84 in liquidated damages; (3) $6,122.50 in attorney fees;
and (3) $455.00 in costs.

(R&R at 2.)

The R&R further recommends

that the Court deny Plaintiffs’ request for interest without
prejudice to renew upon the submission of additional documentation
in support of their request for interest at a rate of eight and a
half

percent.

(R&R

at

8.)

Plaintiffs

have

not

filed

any

additional documentation in support of the claim for interest.
DISCUSSION
In reviewing an R&R, a district court “may accept,
reject,

or

modify,

recommendations

made

in
by

whole
the

or

in

part,

magistrate

the

judge.”

findings
28

and

U.S.C.

§ 636(b)(1)(C). If no timely objections have been made, the “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 606, 609-10

(S.D.N.Y. 2001) (internal quotation marks and citation omitted).
Objections were due within fourteen days of service of
the R&R.

The time for filing objections has expired, and no party

has objected.

Accordingly, all objections are hereby deemed to

have been waived.

3

Upon careful review and consideration, the Court finds
Judge Lindsay’s R&R to be comprehensive, well-reasoned, and free
of clear error, and it ADOPTS the R&R in its entirety.
CONCLUSION
Judge Lindsay’s R&R (Docket Entry 28) is ADOPTED in its
entirety.

The Court is directed to enter judgment in favor of

Plaintiffs and against Defendants in the amount of $125,472.56.
The Clerk of the Court is directed to mark this matter CLOSED.

SO ORDERED.
/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
Dated:

March
31 , 2015
Central Islip, New York

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