Sciascia et al v. Prime Protective Services, Inc. et al

Filing 22

DECISION AND ORDER - It is hereby: ORDERED, that Judge Tomlinsons 20 Report and Recommendation is adopted in its entirety; and it is further ORDERED, that a 14 default judgment be entered against the Defendants. The Clerk of the Court shall ente r judgment against the Defendants, jointly and severally, in the amount of (1) $33,485.00 for unpaid contributions; (2) $2,689.71 in interest on unpaid contributions; (3) $6,697.00 in liquidated damages; and (4) $2,636.69 in attorneys fees and costs; and it is furtherORDERED, that the Clerk is directed to close this case. So Ordered by Judge Arthur D. Spatt on 3/11/2014. C/ECF Judgment Clerk, CI. (Coleman, Laurie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
--------------------------------------------------------X
JOSEPH SCIASCIA and CARMINE
FIORILLO, As Trustees of the Special and
Superior Officers Benevolent Association
Welfare Fund., and JOSEPH SCIASCIA, as
President of the Special and Superior Officers
Benevolent Association,

DECISION AND ORDER
13-cv-0800 (ADS)(AKT)

Plaintiffs,
-againstPRIME PROTECTIVE SERVICES, INC.,
PRIME PROTECTIVE, INC., PRIME
SECURITY & INVESTIGATIVE SERVICES,
LLC, PRIME SECURITY SERVICES, INC.,
and TERRY ENGLISH,
Defendants.
--------------------------------------------------------X
APPEARANCES:
Archer, Byington, Glennon & Levine, LLP
Attorneys for the Plaintiffs
One Huntington Quadrangle
Suite 4C10
PO Box 9064
Melville, NY 11747
By: Paula A. Clarity, Of Counsel
NO APPEARANCE:
The Defendants
SPATT, District Judge.
On February 11, 2013, the Plaintiffs Joseph Sciascia and Carmine Fiorillo, As Trustees of
the Special and Superior Officers Benevolent Association Welfare Fund., and Sciascia, as
President of the Special and Superior Officers Benevolent Association, commenced this action

pursuant to Section 301 of the Labor Management Relations Act of 1947, 29 U.S.C. §185, and
Sections 515 and 502(a)(3) of the Employee Retirement Income Security Act of 1974. In
essence, the Plaintiffs seek to recover alleged delinquent fringe contributions under a collective
bargaining agreement entered into by the Defendant Prime Security Services, Inc. and a union
named the Special and Superior Officers Benevolent Association. The Clerk of the Court having
noted the default of the Defendants on June 25, 2013, and the Plaintiff having moved for a
default judgment against the Defendants on July 31, 2013, the Court referred this matter to
United States Magistrate Judge A. Kathleen Tomlinson for a recommendation as to whether the
motion for a default judgment should be granted, and if so, whether damages should be awarded,
including reasonable attorney’s fees and costs.
On February 19, 2014, Judge Tomlinson issued a thorough report recommending that the
Court enter a default judgment against the Defendants Prime Protective Services, Inc., Prime
Protective, Inc., Prime Security & Investigative Services, LLC, Prime Security Services, Inc.,
and Terry English. Judge Tomlinson also recommended that the Plaintiffs be awarded, as
against the Defendants jointly and severally, (1) $33,485.00 for unpaid contributions;
(2) $2,689.71 in interest on unpaid contributions; (3) $6,697.00 in liquidated damages; and
(4) $2,636.69 in attorneys’ fees and costs. To date, there has been no objection to Judge
Tomlinson’s report.
In reviewing a report and recommendation, a court “may accept, reject, or modify, in
whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. §
636(b)(1)(C). “To accept the report and recommendation of a magistrate, to which no timely
objection has been made, a district court need only satisfy itself that there is no clear error on the
face of the record.” Wilds v. United Parcel Serv., 262 F. Supp. 2d 163, 169 (S.D.N.Y. 2003)

(citing Nelson v. Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y. 1985)). The Court has reviewed
Judge Tomlinson’s Report and finds it be persuasive and without any legal or factual errors.
There being no objection to Judge Tomlinson’s Report, the Court adopts the Report.
For the foregoing reasons, it is hereby:
ORDERED, that Judge Tomlinson’s Report and Recommendation is adopted in its
entirety; and it is further
ORDERED, that a default judgment be entered against the Defendants. The Clerk of the
Court shall enter judgment against the Defendants, jointly and severally, in the amount of
(1) $33,485.00 for unpaid contributions; (2) $2,689.71 in interest on unpaid
contributions; (3) $6,697.00 in liquidated damages; and (4) $2,636.69 in attorneys’ fees
and costs; and it is further
ORDERED, that the Clerk is directed to close this case.

SO ORDERED.
Dated: Central Islip, New York
March 11, 2014

__Arthur D. Spatt
ARTHUR D. SPATT
United States District Judge

____