Trustees of the United Plant and Production Workers Local 175 Benefits Fund v. Carlo Lizza & Sons Paving Inc. et al

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATION 17 : IT IS HEREBY ORDERED that Plaintiff's motion for default judgment at DE 14 against Defendant Carlo Lizza & Sons Paving, Inc. is granted and Plaintiff is awarded damages in the total amount of $154,819.49. Defendants Elia Aly Lizza and John Doe Company are dismissed. The Clerk of Court is directed to enter judgment accordingly and close this case. See attached Order. Ordered by Judge Denis R. Hurley on 10/1/2019. (Bochner, Francesca)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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TRUSTEES OF THE UNITED PLANT
AND PRODUCTION WORKERS LOCAL
175 BENEFITS FUND,
Plaintiff,

ORDER ADOPTING R&R
16-CV-5521 (DRH)(GRB)

-againstCARLO LIZZA & SONS PAVING INC.,
ELIA ALY LIZZA, and JOHN DOE
COMPANY,
Defendants.
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HURLEY, Senior District Judge:

INTRODUCTION
Presently before the Court is the Report and Recommendation, dated August 29, 2019, of
Magistrate Judge Gary R. Brown recommending that Plaintiff’s motion for default judgment
against Defendant Carlo Lizza & Sons Paving Inc. be granted and that Plaintiff be awarded
principal damages in the total amount of $154,419.49, consisting of $128,682.91 in unpaid
contributions, $12,868.29 in interest on unpaid contributions, $12,868.29 in liquidated damages,
$0 in audit fees, $0 in attorneys’ fees, and $400 in costs. Judge Brown further recommends that
Defendants Elia Aly Lizza and John Doe Company be dismissed. The time to file objections has
expired, 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. As such, the Court adopts the August 29, 2019 Report and Recommendation of Judge
Brown as if set forth herein. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s motion for default judgment against
Defendant Carlo Lizza & Sons Paving, Inc.is granted and Plaintiff is awarded damages in the
total amount of $154,819.49. Defendants Elia Aly Lizza and John Doe Company are dismissed.
The Clerk of Court is directed to enter judgment accordingly and close this case.
Dated: Central Islip, N.Y.
October 1, 2019

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

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