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Bricklayers and Allied Craft-Workers Local 2 v. Northeast King Construction

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


December 15, 2008

BRICKLAYERS AND ALLIED CRAFT-WORKERS LOCAL 2, ALBANY, NEW YORK PENSION FUND, BY ITS ADMINISTRATOR STEPHEN J. O'SICK, ET AL., PLAINTIFFS,
v.
NORTHEAST KING CONSTRUCTION, INC., F/K/A NORTHEAST CONSTRUCTION ENTERPRISES, INC.; RANDY KING, INDIVIDUALLY AND AS OFFICER OF NORTHEAST KING CONSTRUCTION, INC.; AND KIM M. KING, INDIVIDUALLY AND AS AN OFFICER OF NORTHEAST KING CONSTRUCTION, INC., DEFENDANTS.

DECISION AND ORDER

This matter comes before the Court following a Report-Recommendation filed on November 13, 2008 by the Honorable Randolph F. Treece, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3 of the Northern District of New York. Report-Rec. (Dkt. No. 46). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including the objections by Defendants, which were filed on November 28, 2008. Objections (Dkt. No. 47).

It is the duty of this Court to "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b). "A [district] judge... may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. This Court has considered the objections and has undertaken a de novo review of the record and has determined that the Report-Recommendation should be approved for the reasons stated therein.

Accordingly, it is hereby

ORDERED, that the Report-Recommendation (Dkt. No. 9) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that Plaintiffs' Motion for Sanctions (Dkt. No. 42) is GRANTED in part and DENIED in part; and it is further

ORDERED, that sanctions are imposed against Defendants in the amount of $4,033.86, which shall be paid to Plaintiffs' Counsel; and it is further

ORDERED, that Plaintiffs' request for additional monies is DENIED; and it is further ORDERED, that Plaintiffs' request to extend the time for discovery is DENIED as moot; and it is further

ORDERED, that Defendants' Answers (Dkt. Nos. 11, 17) are STRICKEN; and it is further ORDERED, that Plaintiffs may move for an entry of a default judgment and Defendants shall be precluded from submitting any evidence in opposition to Plaintiffs' motion for entry of judgment and calculation of damages; and it is further

ORDERED, that the Clerk serve a copy of this Order on all parties.

IT IS SO ORDERED.

20081215

© 1992-2008 VersusLaw Inc.



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