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Dr. Gerald Finkel, As Chairman of the Joint Industry Board of the Electrical Industry v. Millennium Fire Services

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


March 9, 2011

DR. GERALD FINKEL, AS CHAIRMAN OF THE JOINT INDUSTRY BOARD OF THE ELECTRICAL INDUSTRY, PLAINTIFF,
v.
MILLENNIUM FIRE SERVICES, LLC, DEFENDANT.

The opinion of the court was delivered by: Mauskopf, United States District Judge:

ORDER

By motion filed March 30, 2011, Plaintiff moved for default judgment against Defendant. [Doc. No. 19.] By Order entered April 1, 2010 this Court referred that motion to the assigned Magistrate Judge, the Honorable Cheryl L. Pollak, for a Report and Recommendation.On February 15, 2011, Judge Pollak issued a Report and Recommendation (the "R&R") [Doc. No. 33.] recommending that Plaintiff's motion be granted, and awarding Plaintiff: 1) $10,384.77 in unpaid contributions to the ERISA Funds and the 401(k) Fund; 2) $271.50 in underpaid contributions owed; 3) 1,062.06 in interest on the unpaid, underpaid, and late-paid contributions; 4) $25,125.86 in liquidated damages; and 5) $11,138.40 in attorney's fees and $682.18 in costs, for a total award of $48,664, plus any additional interest that accrued from the issuance of the R&R until entry of judgment as detailed in the R&R, together with post-judgment interest pursuant to 28 U.S.C. § 1961. Judge Pollak reminded the parties that, pursuant to Rule 72(b), any objection to the R&R was due March 7, 2011. No party has filed any objection.

Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, the Court has reviewed the R&R for clear error and, finding none, concurs with the R&R in its entirety. See Covey v. Simonton, 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007).

Accordingly, this Court hereby ORDERS that default judgment shall enter in favor of the Plaintiff and as against Defendant as follows: 1) $10,384.77 in unpaid contributions to ERISA Funds and the 401(k) Fund; 2) $271.50 in underpaid contributions owed; 3) 1,062.06 in interest on the unpaid, underpaid, and late-paid contributions; 4) $25,125.86 in liquidated damages; and 5) $11,138.40 in attorney's fees and $682.18 in costs, for a total award of $48,664, plus any additional interest that accrued from the issuance of the R&R until entry of judgment as detailed in the R&R, together with post-judgment interest pursuant to 28 U.S.C. § 1961. This matter is hereby closed.

SO ORDERED.

Dated: Brooklyn, New York

ROSLYNN R. MAUSKOPF United States District Judge

20110309

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