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Empire State Carpenters Welfare, Pension, Annuity, Apprenticeship, Order v. De Cap Installations & Construction Co.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


March 17, 2011

EMPIRE STATE CARPENTERS WELFARE, PENSION, ANNUITY, APPRENTICESHIP, ORDER CHARITABLE TRUST, LABORMANAGEMENT COOPERATION, AND SCHOLARSHIP FUNDS, CHRIS FUSCO, DAVID HAINES, TODD HELFRICH, AARON HILGER, JAMES HOLLEY, TOM BURKE, WILLIAM BANFIELD, ALAN EHL, 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.
DE CAP INSTALLATIONS & CONSTRUCTION CO., INC., DEFENDANT.

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

The plaintiffs commenced the present action against the defendant on January 5, 2010, asserting various labor-related causes of action. On June 24, 2010, the Court entered a default judgment against the defendants, and referred the matter to United States Magistrate Arlene R. Lindsay for an inquest as to damages. On February 14, 2011, Judge Lindsay issued a thorough Report recommending that (1) the defendant be directed to permit and cooperate in the audit of its books and records within thirty days of the date the Court's order is entered, and (2) that the plaintiffs be awarded $935.94 in attorneys' fees and costs. To date, no objection has been filed to Judge Lindsay's Report and Recommendation.

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, the Court adopts the Report.

For the foregoing reasons, it is hereby: ORDERED that Judge Lindsay's Report and Recommendation is adopted in its entirety, and it is further ORDERED that the Clerk of the Court is directed to enter a default judgment against the defendants in the amount recommended by Judge Lindsay; and it is further ORDERED that the defendant is directed to permit and cooperate in the audit of its books and records within thirty days of the date of this Order; and it is further ORDERED that the Clerk of the Court is respectfully directed to close this case. SO ORDERED.

Central Islip, New York

ARTHUR D. SPATT United States District Judge

20110317

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