Gesualdi et al v. Lubco Transport Inc.

Filing 16

ADOPTION ORDER - 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 R&R for cle ar 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 for the Plaintiff in accordance with the R&R, and to close this case. SEE ATTACHED ORDER for details. So Ordered by Judge Arthur D. Spatt on 3/9/2017. (Coleman, Laurie)

FILED 
CLERK 

11:39 am, Mar 09, 2017

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

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
--------------------------------------------------------THOMAS GESUALDI, LOUIS BISIGNANO,
ANTHONY D'AQUILA, MICHAEL O'TOOLE,
MICHAEL BOURGAL, FRANK H. FINKEL,
JOSEPH A. FERRARA, SR., MARC HERBST,
DENISE RICHARDSON, 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,

15-cv-6727 (ADS)(ARL)

Plaintiffs,
-againstLUBCO TRANSPORT INC.,
Defendant.
---------------------------------------------------------X
APPEARANCES:
Trivella & Forte LLP
Attorneys for the Plaintiffs
1311 Mamaroneck Avenue
Suite 170
White Plains, NY 10605
By:
Arthur Joseph Muller, Esq.,
Jonathan Michael Bardavid, Esq., Of Counsel
NO APPEARANCES:
LUBCO TRANSPORT INC.
The Defendant

SPATT, District Judge.
On November 23, 2015, the Plaintiffs, the trustees and fiduciaries of Local 282 Welfare
Trust Fund, the Local 282 Pension Trust Fund, the Local 282 Annuity Trust Fund, the Local 282
1

Job Training Trust Fund, and the Local 282 Vacation and Sick Leave Trust Fund (the
“Plaintiffs”) commenced this action against the Defendant Lubco Transport Inc. (the
“Defendant”), alleging violations of Sections 502(a)(3) and 515 of the Employee Retirement
Income Security Act of 1974 (“ERISA”), as amended, 29 U.S.C. §§ 1132(a)(3) and 1145, and
Section 301(a) of the Labor Management Relations Act of 1947 (“LMRA”), as amended, 29
U.S.C. § 185. The Plaintiffs sought to collect delinquent contributions determined to be due and
owing pursuant to two audits.
On January 20, 2016, the Clerk of the Court noted the default of the Defendant. On June
3, 2016, the Plaintiffs moved for a default judgment.
On June 4, 2016, the Court referred the Plaintiffs’ motion to Magistrate Judge Arlene R.
Lindsay for a report and recommendation as to whether the default judgment should be granted
and, if so, whether damages should be awarded.
On February 22, 2017, Judge Lindsay issued a report and recommendation (the “R&R”)
recommending that default judgment be granted; that the Plaintiffs be awarded damages in the
amount of $70,338.34, as well as prejudgment interest from June 2, 2016 to the date of
judgment, calculated at a daily interest in the amount of $11.91. The Plaintiffs filed proof of
service of the R&R to the Defendant on February 22, 2017.
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 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

2

(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 for the Plaintiff in accordance with the R&R, and to close this case.

SO ORDERED.
Dated: Central Islip, New York
March 9, 2017

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

3