Local 339 United Service Workers Union, International Union of Journeymen and Allied Trades et al v. Suffolk Materials Corp.

Filing 18

ADOPTION ORDER - Accordingly, the June 23, 2015 Report and Recommendations is adopted in its entirety, and the Plaintiffs' motion for a default judgment is granted. The Clerk of the Court is respectfully directed to enter judgment in favor of the Plaintiffs in the amount of $41,246.48, plus costs of $489, and to close the case. It is SO ORDERED by Judge Arthur D. Spatt on 9/23/2015. c/ecf Judgment Clerk. (Coleman, Laurie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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LOCAL 339 UNITED SERVICE WORKERS
UNION, INTERNATIONAL UNION OF
JOURNEYMEN AND ALLIED TRADES;
UNITED WELFARE FUND - SECURITY
DIVISION
AND
THE
TRUSTEES
THEREOF; UNITED WELFARE FUND WELFARE
DIVISION
AND
THE
TRUSTEES THEREOF,

ADOPTION ORDER
13-CV-6518(ADS)(ARL)

Petitioners,
U.S.

-against-

*

SUFFOLK MATERIALS CORP.,
Defendant.
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SEP 23 2015

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LONG ISLAND OFFICE

APPEARANCES:
THE LAW OFFICE OF RICHARD GREENSPAN, P.C.
Attorney for the Plaintiffs
220 Heatherdell Road
Ardsley, NY 10502
By: Matthew Phillip Rocco, Esq., Of Counsel
NO APPEARANCES:
SUFFOLK MATERLAS CORP.
The Defendant
SPATT, District Judge:
On November 22, 2013, the Petitioners Local 339 United Service Workers
Union, International Union of Journeymen and Allied Trades; United Welfare
Fund- Security Division and the Trustees thereof, United Welfare Fund- Welfare
Division and the Trustees thereof (collectively, the "Plaintiffs") commenced this

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action against the Defendant Suffolk Materials Corp. (the "Defendant") under
Section 502 of the Employee Retirement Income Security Act of 197 4, as amended,
29 U.S.C. § 1132; Section 301 of the Labor Management Relations Act of 1947, as
amended,

29 U.S.C. § 185; and Section 9 of the

Federal Arbitration Act,

9 U.S.C. § 9, to confirm and enforce an arbitrator's award rendered pursuant to a
collective bargaining agreement.
On August 25, 2014, the Clerk of the Court noted the Defendant's default.
On September 2, 2014, the Plaintiffs moved for a default judgment.
On September 8, 2014, this Court referred the matter to United States
Magistrate Judge Arlene Lindsay 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 attorneys' fees and costs.
On June 23, 2015, Judge Lindsay issued a Report and Recommendations
("R&R") recommending that the arbitration award, in the amount of $41,246.48, be
confirmed and that the Plaintiffs be awarded costs in the amount of $489, for a total
award of $41,735.48.
On June 24, 2015, counsel for the Plaintiffs served a copy of the R&R upon
the Defendant.
More than fourteen days have elapsed since service of the R&R on the
Defendant, which has failed to file an objection.

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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.
Accordingly, the June 23, 2015 Report and Recommendations is
adopted in its entirety, and the Plaintiffs' motion for a default judgment is granted.
The Clerk of the Court is respectfully directed to enter judgment in favor of the
Plaintiffs in the amount of $41,246.48, plus costs of $489, and to close the case.
It is
SO ORDERED

Dated: Central Islip, New York
September 23, 2015

s/ Arthur D. Spatt
ARTHUR D. SPATT
United States District Judge

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