Gilday et al v. SDS Telecom Inc. et al

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS : This Court adopts the February 28, 2017 Report and REcommendation of Judge Brown as if set forth herein. Accordingly, IT IS HEREBY ORDERED that plaintiffs motion for a default judgment against defendant SD S Telecom Inc. as to liability is granted, the motion for default judgment against defendant Sean Stevens is denied, and that an award of damages against defendant SDS Telecom Inc. is denied, with leave to renew. Ordered by Judge Denis R. Hurley on 3/22/2017. (Gapinski, Michele)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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JOHN W. GILDAY, as Executive Director of the
ELECTRICAL INDUSTRY BOARD OF NASSAU
AND SUFFOLK COUNTIES, NEW YORK, KEVIN
Business Manager of LOCAL UNION NO. 25
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS and JOHN DOE and
JANE DOE, beneficiaries of the TRUST FUNDS
Administered by the ELECTRICAL BOARD OF
NASSAU AND SUFFOLK COUNTIES, NEW
YORK,
Plaintiffs,
-against-

ORDER ADOPTING R & R
Civil Action No. 15-6962

SDS TELECOM INC. and SEAN STEVENS,
Defendants.
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HURLEY, Senior District Judge:
Presently before the Court is the Report and Recommendation, dated February 28, 2017
(“R&R”), of Magistrate Judge Gary R. Brown recommending that the motion of plaintiffs for a
default judgment against defendant SDS Telecom Inc. be granted, the motion for default
judgment against defendant Sean Stevens be denied, and that an award of damages against
defendant SDS Telecom Inc. be denied, with leave to renew. 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. Accordingly, this Court adopts the February 28, 2017 Report & Recommendation of

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Judge Brown as if set forth herein. Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for a default judgment against
defendant SDS Telecom Inc. as to liability is granted, the motion for default judgment against
defendant Sean Stevens is denied, and that an award of damages against defendant SDS Telecom
Inc. is denied, with leave to renew.
Dated: Central Islip, N.Y.
March 22, 2017

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

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