Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds v. Rochester Custom Millwork LLC et al
Filing
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ORDER - On February 21, 2017, the Plaintiffs filed proof of service of the R&R on the Defendants. More than fourteen days have elapsed since service of the R&R, and the Defendants have neither filed an objection nor requested an extension of time to do so. Therefore, pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 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 February 18, 2017 Report and Recommend ation is adopted in its entirety, and the Plaintiffs motion seeking the entry of a default judgment is granted. The Clerk of the Court is respectfully directed to enter judgment in accordance with this Order, and to close this case. SEE ATTACHED ORDER for details. So Ordered by Judge Arthur D. Spatt on 3/8/2017. (Coleman, Laurie)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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TRUSTEES OF EMPIRE STATE CARPENTERS ANNUITY,
APPRENTICESHIP, LABOR-MANAGEMENT COOPERATION,
PENSION and WELFARE FUNDS,
Plaintiffs,
-againstROCHESTER CUSTOM
MILLWORK, INC.,
MILLWORK
LLC
and
FILED
CLERK
2:33 pm, Mar 08, 2017
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
LONG ISLAND OFFICE
ORDER
15-CV-5974(ADS)(ARL)
MONROE
Defendants.
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APPEARANCES:
Virginia & Ambinder LLP
Attorneys for the Plaintiffs
40 Broad Street, 7th Floor
New York, NY 10004
By: Adam A. Biggs, Esq., Of Counsel
NO APPEARANCES:
Rochester Custom Millwork LLC
Defendant
Monroe Millwork, Inc.
Defendant
SPATT, District Judge:
On October 16, 2015, the Plaintiffs, the Trustees of the Empire State Carpenters Annuity,
Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds, commenced this
action against the Defendant Rochester Custom Millwork Inc., and an entity called Monroe Custom
Millwork, Inc., pursuant to Sections 502 and 515 of the Employee Retirement Income Security Act of
1974 and Section 301 of the Labor Management Relations Act of 1947.
On October 20, 2015, the Plaintiffs filed an amended complaint, which substituted the
Defendant Monroe Millwork, Inc. for Monroe Custom Millwork, Inc., but otherwise repeated the
substantive allegations as set forth in the original complaint. In particular, the Plaintiffs – who are
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the trustees of multiemployer labor-management trust funds – seek to recover allegedly delinquent
contributions that the Defendants were obligated to make pursuant to the terms of a collective
bargaining agreement, together with associated damages under the relevant statutes, including
interest, liquidated damages, attorneys’ fees, and costs.
On November 23, 2015, the Clerk of the Court noted the Defendants’ default.
On May 3, 2016, the Plaintiffs filed a motion for a default judgment, which this Court
referred to United States Magistrate Judge Arlene R. Lindsay.
On February 18, 2017, Judge Lindsay issued a Report and Recommendation (“R&R”),
recommending that the motion for a default judgment be granted, and that damages be awarded to
the Plaintiffs as follows: $60,817.04 in unpaid contributions by Rochester Custom Millwork LLC;
$3,829.46 in unpaid contributions by Monroe Millwork, Inc.; $10,042.30 in accrued prejudgment
interest on the unpaid contributions through May 1, 2015; $12,929.30 in liquidated damages; $3,825
in audit fees; $6,012.50 in attorneys’ fees; and $559.02 in costs, for a total damages award of
$98,014.62, plus continuing prejudgment interest accruing from May 1, 2015 to the date judgment is
entered.
On February 21, 2017, the Plaintiffs filed proof of service of the R&R on the Defendants.
More than fourteen days have elapsed since service of the R&R, and the Defendants have
neither filed an objection nor requested an extension of time to do so. Therefore, pursuant to
28 U.S.C. § 636(b) and Fed. R. Civ. P. 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 February 18, 2017 Report and Recommendation is adopted in its entirety,
and the Plaintiffs’ motion seeking the entry of a default judgment is granted.
The Clerk of the Court is respectfully directed to enter judgment in accordance with this
Order, and to close this case.
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It is SO ORDERED:
Dated: Central Islip, New York
March 8, 2017
/s/ Arthur D. Spatt____________________________
ARTHUR D. SPATT
United States District Judge
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