Trustees of the Building Trades Educational Benefit Fund et al v. Culver Electric, LLC

Filing 34

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting in part and denying in part 24 Motion for Default Judgment; adopting in part Report and Recommendations as to 31 Report and Recommendations: Errors made in a party's moving papers are no t an appropriate basis for an objection by the moving party. However, rather than deny the objections and so as to allow the Plaintiffs to correct their alleged error, the Court adopts the R&R insofar as it recommends granting a default judgment on l iability and denies that portion of the motion for a default judgment as to damages without prejudice to Plaintiffs making a renewed motion for damages within twenty (20) days of the date hereof. see attached Order. Ordered by Judge Denis R. Hurley on 11/24/2020. (Gapinski, Michele)

Case 2:17-cv-03448-DRH-ST Document 34 Filed 11/24/20 Page 1 of 2 PageID #: 259

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-------------------------------------------------------------X
TRUSTEES OF THE BUILDING TRADES
EDUCATIONAL BENEFIT FUND, THE
BUILDING TRADES ANNUITY BENEFIT
FUND, BUILDING TRADES WELFARE
BENEFIT FUND, and BUILDING TRADES
PENSION FUND,
Plaintiffs,

ORDER ADOPTING REPORT
AND RECOMMENDATION
17-CV-3448 (DRH)(SLT)

-againstCULVER ELECTRIC, LLC,
Defendant.
-------------------------------------------------------------X

Presently before the Court is the Report and Recommendation of Magistrate Judge
Steven L. Tiscione, dated November 3, 2020 (the “R&R”), recommending that Plaintiffs’
motion for default judgment to the extent that Plaintiffs be awarded damages as follows:
$1,344,617.79 in unpaid contributions, $268,923.56 in liquidated damages, $4,934.83 in audit
fees, $2,600 in attorney’s fees, and $477.75 in costs, for a total damage award of $1,621,553.93.
Plaintiffs have filed a document entitled “Objection” to the R&R requesting that the Court
reconsider the R&R’s conclusion as it pertains to the awarding the interest because in its motion
papers plaintiff’s auditor erroneously calculated interest only through July 2018, the audit
completion date.
Errors made in a party’s moving papers are not an appropriate basis for an objection by
the moving party. However, rather than deny the objections and so as to allow the Plaintiffs to
correct their alleged error, the Court adopts the R&R insofar as it recommends granting a default
Page 1 of 2

Case 2:17-cv-03448-DRH-ST Document 34 Filed 11/24/20 Page 2 of 2 PageID #: 260

judgment on liability and denies that portion of the motion for a default judgment as to damages
without prejudice to Plaintiff making a renewed motion for damages within twenty (20) days of
the date hereof.
SO ORDERED.
Dated: Central Islip, New York
November 24, 2020

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

Page 2 of 2