Gesualdi et al v. Interstate Development Group, Inc.

Filing 27

ADOPTION ORDER - The R&R is adopted in its entirety. The Clerk of the Court is directed to enter judgment in favor of the Plaintiffs and to close this case. See Order for further details. So Ordered by Judge Arthur D. Spatt on 3/14/16. c/ecf Judgment Clerk. (Coleman, Laurie)

FILED 
CLERK 

3/14/2016 11:15 am

U.S. DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
LONG ISLAND OFFICE 

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,
ADOPTION ORDER
JOSEPH A. FERRARA, SR., MARC HERBST, 14-cv-7091 (ADS)(ARL)
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,
-againstINTERSTATE DEVELOPMENT
GROUP, INC.,
Defendant.
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APPEARANCES:
Trivella & Forte LLP
Attorneys for the Plaintiffs
1311 Mamaroneck Avenue, Suite 170
White Plains, NY 10605
By: James Robert Grisi, Esq.
Jonathan Michael Bardavid, Esq.
Gina Elyse Nicotera, Esq., Of Counsel
SPATT, District Judge.

On December 4, 2014, the 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
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(collectively, the “Plaintiffs”) commenced this action against the Defendant Interstate
Development Group Inc. (the “Defendant”) for violations of the Employee Retirement Income
Security Act of 1974, 29 U.S.C. § 1145 and § 1132(a), et seq., and the Labor Management
Relations Act of 1947, 29 U.S.C. § 185.
On January 29, 2015, the Clerk of the Court noted the default of the Defendant.
On August 14, 2015, Plaintiffs moved for entry of a default judgment against the
Defendant, which the Court subsequently referred to United States Magistrate Judge Arlene R.
Lindsay for a recommendation as to whether a default judgment should be granted and if so,
whether damages should be awarded.
On February 23, 2016, Judge Lindsay issued a report recommending that the Plaintiffs’
motion for a default judgment be granted (the “R&R”). In addition, the R&R recommended that
the Plaintiffs be awarded (1) $134,448.31 in unpaid contributions; (2) interest on the total
amount of unpaid contributions in the amount of $174,149.69 calculated through August 1, 2015,
plus additional daily interest in the amount of $66.30 accruing from August 2, 2015 through the
date judgment is entered; (3) $174,149.69 in liquidated damages on the unpaid contributions
calculated through August 1, 2015, plus additional daily interest in the amount of $66.30
accruing from August 2, 2015 through the date judgment is entered; (4) $908.16 in underpaid
contributions; (5) interest on the total amount of underpaid contributions in the amount of
$1,197.58 calculated through August 1, 2015, plus additional daily interest in the amount of $.45
accruing from August 2, 2015 through the date judgment is entered; (6) $1,197.58 in liquidated
damages on the underpaid contributions calculated through August 1, 2015, plus additional daily
interest in the amount of $.45 accruing from August 2, 2015 through the date judgment is

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entered; (7) attorneys’ fees and costs in the amount of $8,969.99; and (8) audit fees in the
amount of $350.00.
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 February 19, 2016 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
enter judgment in favor of the Plaintiffs and to close this case.

SO ORDERED.
Dated: Central Islip, New York
March 14, 2016

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

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