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Trustees of the Plumbers Local Union No. 1 Welfare Fund, Additional v. Aljer Plumbing & Heating Corp

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


March 30, 2011

TRUSTEES OF THE PLUMBERS LOCAL UNION NO. 1 WELFARE FUND, ADDITIONAL SECURITY BENEFIT FUND, VACATION & HOLIDAY FUND, TRADE EDUCATION FUND, 401(F) SAVINGS PLAN, AND TRUSTEES OF THE INTERNATIONAL TRAINING FUND, PLAINTIFFS,
v.
ALJER PLUMBING & HEATING CORP., DEFENDANT.

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

ORDER

By motion filed April 15, 2010, Plaintiffs moved for default judgment as to Defendant Aljer Plumbing & Heating Corp. ("Aljer"). [Doc. No. 10]. By Order entered April 16, 2010, this Court referred that motion to the assigned Magistrate Judge, the Honorable Viktor V. Pohorelsky, for a Report and Recommendation. On March 16, 2011, Judge Pohorelsky issued a Report and Recommendation (the "R&R") [Doc. No. 13] recommending that the Court deny the plaintiffs' application for default judgment, without prejudice to renewal upon appropriate sworn statements authenticating and explaining the audit reports submitted by the plaintiffs. He recommended that, if those submissions, when proffered to the court, adequately explained the basis for the calculations in the audit reports, the court should enter judgment in favor of the Plaintiffs against Defendant, and awarding Plaintiffs: (1) unpaid contributions in the amount of $26,840.63; (2) interest of $11,374 through March 16, 2011, plus $7.25 per day to the date of judgment; (3) liquidated damages in the amount of $5,368.13; and attorney's fees and costs in the amount of $2,654.40. Judge Pohorelsky reminded the parties that, pursuant to Rule 72(b), any objection to the R&R was due March 30, 2011. No party has filed any objection. On March 24, 2011, the Plaintiffs filed an affidavit by the accountant in charge of the audit in question, explaining the manner in which the damages were calculated. [See Doc. No. 15.]

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). Given that Plaintiffs have complied with Judge Pohorelsky's instructions, judgment shall enter in favor of the Plaintiffs against Defendant as follows: (1) unpaid contributions in the amount of $26,840.63; (2) interest of $11,374 through March 16, 2011, plus $7.25 per day to the date of judgment; (3) liquidated damages in the amount of $5,368.13; and attorney's fees and costs in the amount of $2,654.40. The Clerk of Court shall enter judgment accordingly, and close this case.

SO ORDERED.

Dated: Brooklyn, New York /S/

ROSLYNN R. MAUSKOPF United States District Judge

20110330

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