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Bricklayers Insurance and Welfare Fund, Bricklayers Pension Fund v. Roman Restoration

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


September 23, 2011

BRICKLAYERS INSURANCE AND WELFARE FUND, BRICKLAYERS PENSION FUND, BRICKLAYERS SUPPLEMENTAL ANNUITY FUND, BRICKLAYERS AND TROWEL TRADES INTERNATIONAL PENSION FUND, NEW YORK CITY AND LONG ISLAND JOINT APPRENTICESHIP AND TRAINING FUND, INTERNATIONAL MASONRY INSTITUTE, AND JEREMIAH SULLIVAN, JR., IN HIS FIDUCIARY CAPACITY AS ADMINISTRATOR, BRICKLAYERS LOCAL 1, INTERNATIONAL UNION BRICKLAYERS AND ALLIED CRAFT WORKERS, AND BRICKLAYERS LABOR MANAGEMENT RELATIONS COMMITTEE, PLAINTIFFS,
v.
ROMAN RESTORATION, DEFENDANT.

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

ORDER

Plaintiffs bring this civil action against Roman Restoration seeking to recover unpaid employee benefit fund contributions, dues, assessments, and costs, pursuant to Sections 502 and 515 of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1132 and 1145, and Section 301 of the Labor Management Relations Act of 1947 ("LMRA"), 29 U.S.C. § 185. Despite service of the summons and complaint, defendant has failed to plead or otherwise defend this action. Plaintiffs moved for a default judgment pursuant to Rule 55 of the Federal Rules of Civil Procedure, and this Court referred that motion for a default judgment to the assigned Magistrate Judge, the Honorable Lois Bloom, for a Report and Recommendation (the "R&R") in accordance with 28 U.S.C. § 636(b).

On August 24, 2011, Judge Bloom issued an R&R recommending that default judgment enter in favor of plaintiffs in the total amount of $11,031.60. Judge Bloom reminded the parties that, pursuant to Rule 72(b), any objections were due14 days from the date of service of the R&R. However, because plaintiffs failed to effect such service on defendant until September 7, 2011, this Court extended the time to file objections until September 22, 2011. See Order of September 13, 2011 (Doc. No. 17). To date, no party has filed any objections.*fn1

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, the R&R is adopted in its entirety. It is hereby ORDERED that plaintiffs' motion for default judgment (Doc. No. 6) is GRANTED. Judgment shall enter against defendant Roman Restoration in the total sum of $11,031.60, representing: $6,785.75 in unpaid contributions; $1,751.28 in interest on unpaid contributions; $1,357.15 in liquidated damages; $546.07 in unpaid dues and assessments; $126.84 in interest on unpaid dues and assessments; and $464.51 in costs.

The Clerk of Court is directed to enter judgment accordingly, mail a copy of this Order and the Judgment both to defendant, and to Scott Roman in care of Roman Restoration, and close the case.

SO ORDERED.

ROSLYNN R. MAUSKOPF United States District Judge


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