Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds v. Baywood Concrete Corp.

Filing 39

ADOPTION ORDER re 32 motion for attorneys fees - On May 17, 2016, Judge Lindsay issued a 38 report (the R&R) recommending that the Plaintiffs be awarded (1) additional interest on the total amount of unpaid contributions in the amount of $52 ,191.97; and (2) attorneys fees and costs in the amount of $13,389.51. It has been more than fourteen days since the service of the R&R, and the parties have not filed objections. Accordingly, the R&R is adopted in its entirety. The Clerk of the Court is directed to amend the judgment to include the above-referenced interest and attorneys fees. The case remains closed. SEE ATTACHED ORDER for details. So Ordered by Judge Arthur D. Spatt on 8/13/2016. (Coleman, Laurie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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TRUSTEES OF EMPIRE STATE
CARPENTERS ANNUITY,
APPRENTICESHIP, LABOR-MANAGEMENT ADOPTION ORDER
COOPERATION, PENSION AND WELFARE
13-CV-6403 (ADS) (ARL)
FUNDS,
Plaintiffs,
-againstBAYWOOD CONCRETE CORP.,
Defendant.
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APPEARANCES:
Virginia & Ambinder LLP
Attorneys for the Plaintiffs
40 Broad Street, 7th floor
New York, NY 10004
By: Charles R. Virginia, Esq.
Richard B. Epstein, Esq.
Michael Howard Isaac, Esq., Of Counsel
The Ziskin Law Firm, LLP
Attorneys for the Defendant
6268 Jericho Turnpike, Suite 12A
Commack, NY 11725
By: Richard B. Ziskin, Esq.
Suzanne Harmon Ziskin, Esq., Of Counsel
SPATT, District Judge.
On November 15, 2013, the Trustees of Empire State Carpenters Annuity,
Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds (the “Plaintiffs”)
commenced this action against the Defendant Baywood Concrete Corp. (the “Defendant”) to
confirm and enforce an arbitration award.

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On September 2, 2015, the Court granted the Plaintiffs’ motion for summary judgment in
the amount of $260,499.43. In addition, the Court granted the Plaintiffs leave to make a motion
seeking additional post-judgment relief in the form of attorneys’ fees, costs, or interest.
On September 21, 2015, the Plaintiffs moved for an award of attorneys’ fees, costs, and
interest.
On April 5, 2016, the Court referred the Plaintiffs’ motion to United States Magistrate 
Judge Arlene R. Lindsay for a recommendation as to whether the Plaintiffs’ motion should be
granted and if so, what the award should be.
On May 17, 2016, Judge Lindsay issued a report (the “R&R”) recommending that the
Plaintiffs be awarded (1) additional interest on the total amount of unpaid contributions in the
amount of $52,191.97; and (2) attorneys’ fees and costs in the amount of $13,389.51.
It has been more than fourteen days since the service of the R&R, and the parties have
not filed objections.
As such, pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this
Court has reviewed the R&R for clear error, and finding none, now concurs in both its reasoning
and its result. See Coburn v. P.N. Fin., No. 13-CV-1006 (ADS) (SIL), 2015 WL 520346, at *1
(E.D.N.Y. Feb. 9, 2015) (reviewing Report and Recommendation without objections for clear
error).
Accordingly, the R&R is adopted in its entirety. The Clerk of the Court is directed to
amend the judgment to include the above-referenced interest and attorneys’ fees. The case
remains closed.

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SO ORDERED.
Dated: Central Islip, New York
August 13, 2016

_/s/ Arthur D. Spatt___
ARTHUR D. SPATT
United States District Judge

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