Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds v. AG Construction Corporation
MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; Judge Wall's R&R is ADOPTED as specified, and Plaintiffs' motion for default/unopposed summary judgment is GRANTED. Plaintiffs are hereby awarded a judgment against Defendant in the a mount of $323,952.94, broken down as follows: (1) unpaid contributions in the amount of $193,463.85; (2) interest of $82,446.82 through July 27, 2013, plus additional interest at the rate of.75% per month, compounded, through t he date of judgment; (3) liquidated damages in the amount of $38,692.77; (4) attorneys' fees in the total amount of $1,772.00; and (5) costs in the total amount of $7,577.50. The Clerk of the Court is directed to enter a Judgment consistent with this Memorandum and Order and to mark this matter CLOSED. So Ordered by Judge Joanna Seybert on 7/10/2014. C/ECF (Valle, Christine)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
TRUSTEES OF EMPIRE STATE CARPENTERS
ANNUITY, APPRENTICESHIP, LABORMANAGEMENT COOPERATION, PENSION
AND WELFARE FUNDS,
MEMORANDUM & ORDER
-againstAG CONSTRUCTION CORPORATION,
Charles R. Virginia, Esq.
Richard B. Epstein, Esq.
Elina Turetskaya, Esq.
Virginia & Ambinder LLP
111 Broadway, 14th Floor
New York, NY 10006
SEYBERT, District Judge:
(“Plaintiffs”) motion for default judgment and Magistrate Judge
William D. Wall’s Report and Recommendation (“R&R”).
Plaintiffs commenced this action on September 12, 2013
seeking to confirm an arbitration award entered in favor of
pursuant to Section 502(a)(3) of the Employee Retirement Income
§ 1132(a)(3); Section 301 of the Labor Management Relations Act
Federal Arbitration Act, 9 U.S.C. § 9 regarding an arbitrator’s
binding upon Defendant.
Defendant did not answer or otherwise
appear in this action.
November 4, 2013 (Docket Entry 5), which was entered by the
Clerk of the Court that same day (Docket Entry 6).
19, 2013, Plaintiffs moved for default (Docket Entry 7), and, on
Judge Wall (Docket Entry 10).
On April 28, 2014, Judge Wall issued an R&R analyzing
Plaintiffs’ motion under the standard for default judgment as
arbitrator’s award be confirmed and that Plaintiffs be awarded a
total of $323,952.94.
No party has objected to any portion of Judge Wall’s
In reviewing an R&R, a district court “may accept,
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
Here, no party objected to Judge Wall’s R&R.
Court finds his R&R to be correct, comprehensive, well-reasoned
and free of clear error, with one exception.
The R&R notes that
Joint Policy for Collection of Delinquent Contributions (“Joint
Policy”) provides for interest calculated at the rate of .75%
(R&R at 10.)
However, it then goes on to suggest that
(R&R at 11.)
Rather than calculating interest at a
specified monetary amount daily, which does not take compounding
into account, the Court will use the terms of the Joint Policy-i.e., .75% per month, compounded.
Accordingly, the Court ADOPTS the R&R, with the one
exception of the calculation of interest.
Defendant in the amount of $323,952.94, broken down as follows:
(1) unpaid contributions in the amount of $193,463.85;
(2) interest of $82,446.82 through July 27, 2013, plus
additional interest at the rate of .75% per month,
compounded, through the date of judgment;
(3) liquidated damages in the amount of $38,692.77;
(4) attorneys’ fees in the total amount of $1,772.00;
(5) costs in the total amount of $7,577.50.
The Clerk of the Court is directed to enter a Judgment
/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
10 , 2014
Central Islip, NY
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