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Duffy v. Modern Concrete Corp.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


March 25, 2008

WILLIAM K. DUFFY, KENNETH HUBER, PHILLIP CAPOBIANCO, JOHN DUFFY, PAUL O'BRIEN, MARC HERBST, JAMES HANEY, JR., JAMES PRATT III, SCOTT ADRIAN AND ROBERT AHEARN, AS TRUSTEES OF LOCAL 138, 138A & 138B, INTERNATIONAL UNION OF OPERATING ENGINEERS, WELFARE FUND, LEGAL FUND, APPRENTICESHIP TRAINING FUND, AND ANNUITY FUND, MICHAEL FANNING AS CEO OF THE CENTRAL PENSION FUND, PLAINTIFFS,
v.
MODERN CONCRETE CORP., DEFENDANT.

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

ORDER ADOPTING REPORT & RECOMMENDATION

Upon review of the Report and Recommendation ("Report") of Magistrate Judge A. Kathleen Tomlinson, issued March 10, 2008, to which no party has objected, the Court hereby ADOPTS the Report in its entirety.

Pursuant to Rule 72 of the Federal Rule of Civil Procedure, any objections to the Report were to be filed with the Clerk of the Court within ten days of service of the Report. The time for filing objections has expired and no Party has objected.

Accordingly, all objections are hereby deemed to have been waived.

The Court ADOPTS the Report in its entirety and ORDERS that default judgment be entered against Defendant in the amount of $52,202.81 for unpaid fringe benefits, $3,371.43 in interest on the unpaid fringe benefits, $10,440.56 in liquidated damages, and $7,425.00 for attorneys' fees and costs, for a total of $73,439.80.

Further, within thirty (30) days after receiving notice of entry of default, Defendant must permit Plaintiffs to audit Defendant's books and records, and to cooperate in such audit, as to

Defendant's payments of fringe benefit contributions pursuant to the terms of the parties' Collective Bargaining Agreement.

SO ORDERED

JOANNA SEYBERT, U.S.D.J.

20080325

© 1992-2008 VersusLaw Inc.



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