Gesualdi et al v. Pecgro Trucking, Inc.

Filing 19

MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; Judge Brown's R&R (Docket Entry 17) is ADOPTED in its entirety. The Court is directed to enter judgment in favor of Plaintiffs and against Defendant in the amount of $112,010.59 for un paid contributions, interest, liquidated damages, audit fees, and attorney's fees and costs, along with daily interest at the rate of $22.35 per day commencing January 17, 2015 until the date of the judgment. The Clerk of the Court is further directed to mark this matter CLOSED. Plaintiff is directed to serve a copy of this Memorandum & Order on Defendant and file proof of service. So Ordered by Judge Joanna Seybert on 9/23/2015. C/ECF (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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THOMAS GESUALDI, LOUIS BISIGNANO,
ANTHONY D’AQUILA, MICHAEL O’TOOLE,
MICHAEL BOURGAL, FRANK H. FINKEL,
JOSEPH A. FERRARA, SR., MARC HERBST,
DENISE RICHARDSON, and THOMAS CORBETT,
as Trustees and Fiduciaries of the
Local 282 Welfare Trust Fund,
the Local 282 Pension Trust Fund,
the Local 282 Annuity Trust Fund,
the Local 282 Job Training Trust
Fund, and the Local 282 Vacation
and Sick Leave Trust Fund,
Plaintiffs,
-against-

MEMORANDUM & ORDER
14-CV-6347(JS)(GRB)

PECGRO TRUCKING, INC.,

Defendant.
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APPEARANCES
For Plaintiffs:
Jonathan Michael Bardavid, Esq.
Gina Elyse Nicotera, Esq.
Trivella & Forte, LLP
1311 Mamaroneck Ave, Suite 170
White Plains, NY 10605
For Defendant:

No appearances.

SEYBERT, District Judge:
Pending before the Court is Magistrate Judge Gary R.
Brown’s Report and Recommendation (“R&R”), recommending that this
Court grant Plaintiffs’ motion for a default judgment and award
damages.

(Docket Entry 17.)

For the following reasons, the Court

ADOPTS Judge Brown’s R&R in its entirety.

BACKGROUND
This

action

was

commenced

on

October

28,

2014

by

plaintiffs Thomas Gesualdi, Louis Bisignano, Anthony D’Aquila,
Michael O’Toole, Michael Bourgal, Frank H. Finkel, Joseph A.
Ferrara, Sr., Marc Herbst, Denise Richardson, and Thomas Corbett,
as Trustees and Fiduciaries of the Local 282 Welfare Trust Fund,
the Local 282 Pension Trust Fund, the Local 282 Annuity Trust Fund,
the Local 282 Job Training Trust Fund, and the Local 282 Vacation
and Sick Leave Trust Fund (collectively “Plaintiffs”) against
defendant Pecgro Trucking, Inc. (“Defendant”).

Plaintiffs seek to

collect delinquent contributions and various other sums owed by
Defendant under under the Employee Income Retirement Security Act
of 1974 (“ERISA”), 29 U.S.C. § 1145, and Labor Management Relations
Act (“LMRA”), 29 U.S.C. § 185.
On January 22, 2015 Plaintiffs moved for entry of a
default judgment (Docket Entry 10.)

On February 3, 2015 the

undersigned referred Plaintiff’s motion to Magistrate Judge Brown
for an R&R on whether the motion should be granted.

(Docket Entry

16.)
On August 13, 2015, Judge Brown issued his R&R.

(Docket

Entry 17.) The R&R recommends that the Court (1) grant Plaintiff’s
motion for default judgment, and (2) award damages in the amount
of $112,010.59 for unpaid contributions, interest, liquidated
damages, audit fees, and attorney’s fees and costs, along with
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daily interest at the rate of $22.35 per day commencing January 17,
2015 until the date of the judgment.

(R&R at 13.)

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 Brown’s R&R to be comprehensive, well-reasoned, and free of
clear error, and it ADOPTS the R&R in its entirety.
CONCLUSION
Judge Brown’s R&R (Docket Entry 17) is ADOPTED in its
entirety.

The Court is directed to enter judgment in favor of

Plaintiffs and against Defendant in the amount of $112,010.59 for
unpaid contributions, interest, liquidated damages, audit fees,
and attorney’s fees and costs, along with daily interest at the
rate of $22.35 per day commencing January 17, 2015 until the date
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of the judgment.

The Clerk of the Court is further directed to

mark this matter CLOSED.

Plaintiff is directed to serve a copy of

this Memorandum & Order on Defendant and file proof of service.

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

September
23 , 2015
Central Islip, New York

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