Natale et al v. Iberia Road Markings Corp.

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court adopts the February 22, 2018 Report and Recommendation of Judge Brown as if set forth herein. Accordingly,IT IS HEREBY ORDERED that plaintiff's motion for a supplemental default judgment agai nst defendant Iberia Road Markings Corp. be granted and that plaintiff be awarded additional damages in the amount of $72,756.81, consisting of (1) $30,908.97 in interest through March 15, 2017, (2) $30,908.97 in liquidated damages, ( 3) $10,680.00 in audit fees; and (4) 258.87 in costs. The Clerk of Court is directed to amend the default judgment entered on March 27, 2017 to reflect the additional award provided for herein and to enter said amended judgment. Ordered by Judge Denis R. Hurley on 3/20/2018. (Gapinski, Michele)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-----------------------------------------------------X
RALPH NATALE, DAVID PEREZ,
DEMOS DEMOPOULOS, JEFFREY
ISAACS, KIRK CONWAY, and ROY KOHN
as TRUSTEES OF HEALTH FUND 917, and
HEALTH FUND 917,

ORDER ADOPTING R&R
15-CV-6788 (DRH)(GRB)

Plaintiffs,
-againstIBERIA ROAD MARKINGS CORP.,
Defendant.
-----------------------------------------------------X
HURLEY, Senior District Judge:
Presently before the Court is the Report and Recommendation, dated February 22, 2018,
of Magistrate Judge Gary R. Brown recommending that the renewed motion of plaintiffs for a
default judgment as to interest, liquidated damages and audit fees against defendant Iberia Road
Markings Corp. be granted and that plaintiff be awarded additional damages in the amount of
$72,756.81, consisting of (1) $30,908.97 in interest through March 15, 2017, (2) $30,908.97 in
liquidated damages, (3) $10,680.00 in audit fees; and (4) 258.87 in costs. More than fourteen
days have elapsed since service of the R&R and no objections have been filed.
Pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72, this Court has reviewed the Report
and Recommendation for clear error, and finding none, now concurs in both its reasoning and its
result and adopts the February 22, 2018 Report and Recommendation of Judge Brown as if set
forth herein. Accordingly,

Page 1 of 2

IT IS HEREBY ORDERED that plaintiff’s motion for a supplemental default judgment
against defendant Iberia Road Markings Corp. be granted and that plaintiff be awarded additional
damages in the amount of $72,756.81, consisting of (1) $30,908.97 in interest through March
15, 2017, (2) $30,908.97 in liquidated damages, (3) $10,680.00 in audit fees; and (4) 258.87 in
costs. The Clerk of Court is directed to amend the default judgment entered on March 27, 2017
to reflect the additional award provided for herein and to enter said amended judgment.
Dated: Central Islip, N.Y.
March 20, 2018

/s/ Denis R. Hurley
Denis R. Hurley
United States District Judge

Page 2 of 2