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Empire State Carpenters Welfare, Pension, Annuity, Apprenticeship v. Hanna Contracting

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


March 7, 2011

EMPIRE STATE CARPENTERS WELFARE, PENSION, ANNUITY, APPRENTICESHIP,
CHARITABLE TRUST, LABOR MANAGEMENT COOPERATION, AND SCHOLARSHIP FUNDS, CHRIS FUSCO, DAVID HAINES, TODD HELFRICH, AARON HILGER, JAMES HOLLEY, FRANK JONES, JAMES LOGAN, WILLIAM MACCHIONE, JAMES MALCOLM, LLOYD MARTIN, ANGELO MASSARO, PATRICK MORIN, DOUG O'CONNER, JOHN O'HARE, ROSS PEPE, ALAN SEIDMAN, DALE STUHLMILLER, LARRY THAYER, STANLEY TURTENWALD, WILLIAM WEIR, FRANK WIRT, PLAINTIFFS,
v.
HANNA CONTRACTING, INC., DEFENDANT.

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

ORDER

The plaintiffs commenced this case on January 21, 2010 against Hanna Contracting, Inc. ("Hanna Contracting"), asserting claims for breach of contract in violation of the Employees Retirement Income Security Act of 1974, 29 U.S.C. § 1001, et seq. ("ERISA") and the Labor Management Relations Act of 1974, 29 U.S.C. § 141, et seq. ("LMRA"). On June 24, 2010, the Court referred this matter to United States Magistrate Judge Arlene R. Lindsay, for a report and recommendation as to the amount of damages, attorneys' fees, and costs to be awarded following the entry of a default judgment against Hanna Contracting. On February 08, 2011, Judge Lindsay issued a Report recommending that the Court: (1) issue an order directing Hanna Contracting to permit and cooperate in the audit of its books and records and provide the plaintiffs with information, books, records and reports in accordance with ERISA and the bargaining agreements between the parties; (2) award attorney's fees in the amount of $849.53 to the law firm of Levy Ratner, P.C. located in Manhattan, New York; and (3) award attorney's fees in the amount of $5,041.50 to the law firm of Slevin & Hart, P.C., located in Washington, D.C. To date, there have been no objections filed to the Report.

In reviewing a report and recommendation, a court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. §636(b)(1)(C). "To accept the report and recommendation of a magistrate, to which no timely objection has been made, a district court need only satisfy itself that there is no clear error on the face of the record." Wilds v. United Parcel Serv., 262 F. Supp. 2d 163, 169 (S.D.N.Y. 2003) (citing Nelson v. Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y. 1985)). The Court has reviewed Judge Lindsay's Report and finds it be persuasive and without any legal or factual errors. There being no objection to Judge Lindsay's Report, it is hereby:

ORDERED, that Judge Lindsay's Report and Recommendation is adopted in its entirety. The Court directs Hanna Contracting within thirty days of the date of this order to permit and cooperate in the audit of its books and records and provide the plaintiffs with information, books, records and reports in accordance with ERISA and the bargaining agreements between the parties. In addition, the Court awards attorneys fees in the amount of $849.53 to the law firm of Levy Ratner, P.C. and attorney's fees in the amount of $5,041.50 to the law firm of Slevin & Hart, P.C., and it is further

ORDERED, that the Clerk of the Court shall enter a judgment for the Plaintiff in the total amount of $5,891.03, and it is further

ORDERED, that the Clerk of the Court is directed to close this case.

SO ORDERED.

Dated: Central Islip, New York March 7, 2011

ARTHUR D. SPATT United States District Judge

20110307

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