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Barbera v. State-Line Excavators Corp.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


March 29, 2007

GARY LA BARBERA, LAWRENCE KUDLA, THOMAS GESUALDI, LOUIS BISIGNANO, FRANK FINKEL, JOSEPH FERRARA, FRANK DIMENNA, AND ROBERT CARLINO AS TRUSTEES AND FIDUCIARIES OF THE LOCAL 282 WELFARE, PENSION, ANNUITY AND JOB TRAINING TRUST FUNDS, PLAINTIFFS,
v.
STATE-LINE EXCAVATORS CORP., DEFENDANT.

The opinion of the court was delivered by: Seybert, District Judge

ORDER

Pending before the Court is Magistrate Judge Arlene R. Linsday's Report and Recommendation, dated January 5, 2007. The Magistrate recommended that the Court award Plaintiffs the following: (1) delinquent contributions in the amount of $34,365.47; (2) interest at a rate of 16% on $34,365.47 from August 2000 up to and including the date of entry of judgment; (3) an additional amount equaling interest at a rate of 16% on $34,365.47 from August 2000 up to and including the date of entry of judgment; (4) attorneys' fees in the amount of $16,875.00; and (5) costs in the amount of $997.50. Defendant was served with a copy of this Report on January 5, 2007. Defendant did not object to the Report.

After reviewing the Report and Recommendation, to which no party has objected,*fn1 the Court ADOPTS the Report and Recommendation in its entirety. The Clerk of the Court is ordered to enter a judgment of default against Defendant in the amount stated above.

SO ORDERED.

JOANNA SEYBERT U.S.D.J.


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