Trustees of the Building Trades Educational Benefit Fund et al v. Tanachion Electrical Contracting Inc.

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS: 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. The Cou rt adopts the December 20, 2018 Report and Recommendation ofJudge Lindsay as if set forth herein. Accordingly, Plaintiffs' motion for a default judgment against defendant Tanachion Electrical Contracting, Inc. is granted, but Plaintiffs request for damages is denied with leave to renew. Plaintiffs are directed to file their renewed request for damages on or before March 5, 2019. If Plaintiff does not renew their request on or before this date, the matter will be dismissed with prejudice. See attached Order. Ordered by Judge Denis R. Hurley on 2/7/2019. (Bochner, Francesca)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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TRUSTEES OF THE BUILDING
TRADES EDUCATIONAL BENEFIT
FUND, THE BUILDING TRADES
ANNUITY BENEFIT FUND, BUILDING
TRADES WELFARE FUND, and
ELECTRICIAN’S RETIREMENT FUND,
Plaintiffs,

ORDER ADOPTING R&R
17-CV-5161 (DRH)(ARL)

-againstTANACHION ELECTRICAL
CONTRACTING, INC.,
Defendant.
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HURLEY, Senior District Judge:

INTRODUCTION
Presently before the Court is the Report and Recommendation, dated December 20, 2018,
of Magistrate Judge Arlene R. Lindsay recommending that Plaintiffs’ motion for default
judgment be granted and that Plaintiffs’ request for damages be denied with leave to renew due
to a discrepancy in the amount requested in the Complaint as compared with the amount
requested in the Memorandum of Law in Support of an Award of Damages and the
accompanying Affidavits. 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. Accordingly, the Court adopts the December 20, 2018 Report and Recommendation of
Judge Lindsay as if set forth herein. Accordingly,

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IT IS HEREBY ORDERED that Plaintiffs’ motion for a default judgment against
defendant Tanachion Electrical Contracting, Inc. is granted and that Plaintiffs’ request for
damages is denied with leave to renew. Plaintiffs are directed to file their renewed request for
damages on or before March 5, 2019. If Plaintiff does not renew their request on or before this
date, the matter will be dismissed with prejudice.
The Clerk of Court is directed to enter judgment accordingly.
Dated: Central Islip, N.Y.
February 7, 2019

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

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