Board of Trustees of the UFCW Local 50 Pension Fund v. Baker Hill Packing Inc.

Filing 16

MEMORANDUM & ORDER ORDER ADOPTING REPORT AND RECOMMENDATION; Judge Locke's R&R (Docket Entry 14) is ADOPTED in its entirety and Plaintiff's motion for a default judgment (Docket Entry 12) is GRANTED. The Clerk of the Court is directed to enter judgment in favor of Plaintiff and against Defendant as set forth herein. The Clerk of the Court is directed to mark this matter CLOSED. So Ordered by Judge Joanna Seybert on 2/27/2015. C/ECF (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------X
BOARD OF TRUSTEES OF THE UFCW LOCAL 50
PENSION FUND,
Plaintiff,
MEMORANDUM & ORDER
13-CV-1888(JS)(SIL)

-againstBAKER HILL PACKING INC.,
Defendant.
---------------------------------------X
APPEARANCES
For Plaintiff:
Anthony S. Cacace, Esq.
Proskauer Rose LLP
11 Times Square
New York, NY 10036

Ira D. Wincott, Esq.
Law Office of Ira D. Wincott, PLLC
8 Gilbert Lane
Plainview, NY 11803
For Defendant:

No appearances.

SEYBERT, District Judge:
Pending before the Court is (1) plaintiff Board of
Trustees of the UFCW Local 50 Pension Fund’s (“Plaintiff”) motion
for default judgment (Docket Entry 12); and (2) Magistrate Judge
Steven I. Locke’s Report and Recommendation (“R&R”), recommending
that this Court grant the motion for default judgment (Docket Entry
14).

For the following reasons, the Court ADOPTS the R&R in its

entirety.

BACKGROUND
Plaintiff commenced this action on April 5, 2013 against
defendant

Baker

Hill

Packing

Inc.

(“Defendant”),

seeking

to

recover for withdrawal liability and related relief pursuant to
Employee Retirement Income Security Act of 1974 and a collective
bargaining agreement.

On April 4, 2014, Plaintiff filed an

affidavit of service, affirming that the Summons and Complaint
were served on Defendant on March 27, 2014.1

(Docket Entry 9.)

Defendant did not answer or otherwise respond to the Complaint,
and Plaintiff requested a Certificate of Default on April 30, 2014.
(Docket Entry 10.) That same day, the Clerk of the Court certified
Defendant’s default.

(Docket Entry 11.)

Plaintiff moved for a default judgment.

On August 8, 2014,

(Docket Entry 12.)

On August 22, 2014, the undersigned referred Plaintiff’s
motion to Magistrate Judge Steven I. Locke for a report and
recommendation as to “whether the pending motion should be granted
and, if necessary, to determine the appropriate amount of damages,
costs, and/or fees to be awarded.”

(Docket Entry 13.)

On January 29, 2015, Judge Locke issued his R&R. (Docket
Entry 14.)

The R&R recommends that the Court grant default

judgment and award Plaintiff’s $525,259.49 in damages, attorneys’
fees,

and

costs

as

follows:

(1)

$394,482

for

outstanding

Plaintiff had previously moved for an extension of time to
serve Defendant, which Magistrate Judge William D. Wall granted.
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withdrawal liability; (2) $46,494.84 in prejudgment interest on
the withdrawal liability; (3) $78,896.40 in liquidated damages;
(4) $4,736.25 in attorneys’ fees; and (5) $650 in costs; as well
as (6) daily interest through the entry of judgment at a rate of
$64.85 per day.

(R&R at 2, 28.)
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.
Upon careful review and consideration, the Court finds
Judge Locke’s R&R to be comprehensive, well-reasoned, and free of
clear error, and it ADOPTS the R&R in its entirety.
CONCLUSION
Judge Locke’s R&R (Docket Entry 14) is ADOPTED in its
entirety and Plaintiff’s motion for a default judgment (Docket
Entry 12) is GRANTED.

The Clerk of the Court is directed to enter
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judgment in favor of Plaintiff and against Defendant as follows:
(1) $394,482 for outstanding withdrawal liability; (2) $46,494.84
in

prejudgment

interest

on

the

withdrawal

liability;

(3) $78,896.40 in liquidated damages; (4) $4,736.25 in attorneys’
fees; (5) $650 in costs; and (6) daily interest through the entry
of judgment at a rate of $64.85 per day.

The Clerk of the Court

is directed to mark this matter CLOSED.

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

February
27 , 2015
Central Islip, NY

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