Trustees of the Building Trades Educational Benefit Fund et al v. Fervent Electrical Corp.
MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; Judge Lindsay's R&R (Docket Entry 11) is ADOPTED in its entirety. The Court is directed to enter judgment in favor of Plaintiffs and against Defendant. Plaintiffs' request for damages is granted only to the limited extent that Plaintiffs are awarded $458.00. Plaintiffs' request for damages is otherwise DENIED WITHOUT PREJUDICE. Plaintiffs' may file a motion seeking damages that cites to the proper supporting documentation. Plaintiffs counsel is directed to serve a copy of this Memorandum & Order on Defendant. So Ordered by Judge Joanna Seybert on 9/23/2015. C/ECF (Valle, Christine)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
TRUSTEES OF THE BUILDING TRADES
EDUCATIONAL BENEFIT FUND, THE
BUILDING TRADES ANNUITY BENEFIT FUND,
BUILDING TRADES WELFARE BENEFIT FUND,
and BUILDING TRADES PENSION FUND,
MEMORANDUM & ORDER
FERVENT ELECTRICAL CORP.,
Danielle Marlene Carney, Esq.
Barnes, Iaccarino & Shepherd, LLP
3 Surrey Lane
Hempstead, NY 11550
SEYBERT, District Judge:
Pending before the Court is Magistrate Judge Arlene R.
Lindsay’s Report and Recommendation (“R&R”), recommending that
this Court grant plaintiffs’ motion for a default judgment but
deny plaintiffs’ request for damages with leave to renew.
For the following reasons, the Court ADOPTS Judge
Lindsay’s R&R in its entirety.
This action was commenced on September 19, 2014 by
plaintiffs Trustees of the Building Trades Educational Benefit
Fund, the Building Trades Annuity Benefit Fund, Building Trades
(collectively “Plaintiffs”) against defendant Fervent Electrical
Plaintiffs allege that Defendant violated
the Employee Retirement Income Security Act of 1974, 29 U.S.C.
§ 1145 and § 1132(a), et seq. (“ERISA”) and the Labor Management
Relations Act of 1947, 29 U.S.C. § 185 (“LMRA”).
On January 9, 2015, Plaintiffs moved for a default
(Docket Entry 7.)
The undersigned referred Plaintiffs’
motion to Magistrate Judge Lindsay for an R&R on whether the motion
should be granted.
(Docket Entry 10.)
On June 15, 2015 Judge Lindsay issued her R&R.
The R&R recommends that the Court grant Plaintiffs’
motion for a default judgment but deny Plaintiffs’ request for
damages with leave to renew, with the exception of Plaintiffs’
request for costs.
(R&R at 6.)
In reviewing an R&R, a district court “may accept,
recommendations made by the magistrate judge.”
28 U.S.C. § 636(b)
If no timely objections have been made, the “court need
only satisfy itself that there is no clear error on the face of
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 time for filing objections has expired, and no party
Accordingly, all objections are hereby deemed to
have been waived.
Upon careful review and consideration, the Court finds
Judge Lindsay’s R&R to be comprehensive, well-reasoned, and free
of clear error, and it ADOPTS the R&R in its entirety.
Judge Lindsay’s R&R (Docket Entry 11) is ADOPTED in its
The Court is directed to enter judgment in favor of
Plaintiffs and against Defendant.
Plaintiffs’ request for damages
is granted only to the limited extent that Plaintiffs are awarded
Plaintiff’s request for damages is otherwise DENIED
Plaintiffs may file a motion seeking damages
that cites to the proper supporting documentation.
counsel is directed to serve a copy of this Memorandum & Order on
/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
23 , 2015
Central Islip, New York
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