Gilday et al v. SDS Telecom Inc. et al

Filing 31

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 26 Motion for Damages; adopting Report and Recommendations as to 29 Report and Recommendations: The Court adopts the R&R in its entirety. ACCORDINGLY, IT IS HEREBY ORDERED that plaintiff 9;s renewed motion for damages is granted and plaintiffs are awarded $19, 682.11, plus interest at the rate of 6% per annum from June 15, 2015 to the entry of judgment, against defendant SDS Telecom Inc. In accordance with the March 22, 2017 Order of the Court, the claims against defendant Sean Stevens are dismissed. The Clerk of Court is directed to enter judgment accordingly and to close this case. Ordered by Judge Denis R. Hurley on 9/23/2019. (Gapinski, Michele)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -----------------------------------------------------X 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. -----------------------------------------------------X HURLEY, Senior District Judge: Presently before the Court is the Report and Recommendation, dated August 30, 2019, (“R&R”), of Magistrate Judge Gary R. Brown recommending that the renewed motion of plaintiffs for an award of damages against defendant SDS Telecom Inc. be granted and plaintiffs be awarded $19,692.11 plus interest calculated at the rate of 6% per annum from the date payments became due. More than fourteen days have elapsed since service of the R&R. And no objections have been filed. Having reviewed the R&R for clear error and finding none, the Court adopts the R&R in its entirety. IT IS HEREBY ORDERED that plaintiff's renewed motion for damages is granted and Page 1 of 2 plaintiffs are awarded $19, 682.11, plus interest at the rate of 6% per annum from June 15, 2015 to the entry of judgment, against defendant SDS Telecom Inc. In accordance with the March 22, 2017 Order of the Court, the claims against defendant Sean Stevens are dismissed. The Clerk of Court is directed to enter judgment accordingly and to close this case. Dated: Central Islip, N.Y. September 23, 2019 /s/ Denis R. Hurley Denis R. Hurley United States District Judge Page 2 of 2

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