Filed: Mar. 30, 2018
Latest Update: Mar. 30, 2018
Summary: ORDER LASHANN DEARCY HALL , District Judge . On November 13, 2017, United States Magistrate Judge Lois Bloom issued a report and recommendation (the "Report and Recommendation") (R. & R., ECF No. 28), which recommended that Plaintiffs Trustees of the Local 7 Tile Industry Welfare Fund, Trustees of the Local 7 Tile Industry Annuity Fund, Trustees of the Tile Layers Local Union 52 Pension Fund, Trustees of the Bricklayers & Trowel Trades International Pension Fund, and Trustees of the Interna
Summary: ORDER LASHANN DEARCY HALL , District Judge . On November 13, 2017, United States Magistrate Judge Lois Bloom issued a report and recommendation (the "Report and Recommendation") (R. & R., ECF No. 28), which recommended that Plaintiffs Trustees of the Local 7 Tile Industry Welfare Fund, Trustees of the Local 7 Tile Industry Annuity Fund, Trustees of the Tile Layers Local Union 52 Pension Fund, Trustees of the Bricklayers & Trowel Trades International Pension Fund, and Trustees of the Internat..
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ORDER
LASHANN DEARCY HALL, District Judge.
On November 13, 2017, United States Magistrate Judge Lois Bloom issued a report and recommendation (the "Report and Recommendation") (R. & R., ECF No. 28), which recommended that Plaintiffs Trustees of the Local 7 Tile Industry Welfare Fund, Trustees of the Local 7 Tile Industry Annuity Fund, Trustees of the Tile Layers Local Union 52 Pension Fund, Trustees of the Bricklayers & Trowel Trades International Pension Fund, and Trustees of the International Masonry Institute's August 8, 2017 second motion for default judgment1 as to Defendant Tuscany Tile & Stone, Inc. be granted (see Pls.' Mot., ECF No. 23). Any written objections to the report and recommendation had to be filed with the Clerk of Court within fourteen (14) days of the date of service of the report; responses to any objections were due fourteen (14) days thereafter. See Fed. R. Civ. P. 72(b)(2); 28 U.S.C. § 636(b)(1)(C).
No objections have been filed to the report and recommendation. Where no objections to a report and recommendation have been filed, "the district court need only satisfy itself that there is no clear error on the face of the record." Estate of Ellington ex rel. Ellington v. Harbrew Imps. Ltd., 812 F.Supp.2d 186, 189 (E.D.N.Y. 2011) (quoting Urena v. N.Y., 160 F.Supp.2d 606, 609-10 (S.D.N.Y. 2001)) (internal quotation marks and citations omitted). The Court has reviewed the Report and Recommendation for clear error and, finding none, hereby adopts the Report and Recommendation as the opinion of this Court.
Accordingly, Plaintiffs' second motion for default judgment against Defendant Tuscany Tile & Stone, Inc., is hereby granted and damages are to be entered in the amount of $236,632.98, representing: (1) $134,834.18 in unpaid contributions; (2) 72,044.03 in interest; (3) $26,966.84 in liquidated damages; (4) $2,763.30 in attorney's fees; and (5) $24.63 in costs. Plaintiffs are also entitled to $42.42 in daily interest from August 1, 2017, to the date of payment. The Clerk of Court is directed to enter judgment and close this case.
SO ORDERED.
