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Trustees of Laborers Union Local No. 1298 of Nassau and Suffolk Counties v. Annex General Contracting

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


March 21, 2012

TRUSTEES OF LABORERS UNION LOCAL NO. 1298 OF NASSAU AND SUFFOLK COUNTIES BENEFIT FUNDS, PLAINTIFFS,
v.
ANNEX GENERAL CONTRACTING, INC. DEFENDANT.

The opinion of the court was delivered by: Hurley, Senior District Judge:

ORDER

On July 11, 2011, this Court granted plaintiffs' motion for an entry of default judgment against defendant Annex General Contracting, Inc., and referred the case to Magistrate Judge A. Kathleen Tomlinson, pursuant to 28 U.S.C. § 636(b)(3), for a report and recommendation as to damages and attorneys' fees. On March 2, 2012, Judge Tomlinson issued a Report and Recommendation recommending that "Annex General be ordered to submit to an immediate audit of its books and records" for the period between July 1, 2009 and December 31, 2009. (R&R at 5.) Judge Tomlinson further recommended that if defendant fails to submit to an audit within a time period specified by the Court, damages should be awarded to plaintiffs as follows:

(1) $25,275.04 for unpaid benefit contributions,*fn1 (2) interest on the delinquent benefit contributions in the amount of $6.90 per day from April 20, 2010 until the date judgment is entered, (3) liquidated damages in the amount of $6.90 per day from April 20, 2010 until the date judgment is entered, (4) $2,300.00 in attorneys' fees, and (5) $400.00 in costs.

On March 5, 2012, defendant was served with a copy of the Report and Recommendation. More than fourteen days have elapsed since service of the Report and Recommendation. No party has filed any objections.

Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has reviewed the Report and Recommendation for clear error, and finding none, now concurs in both its reasoning and its result. Accordingly, the Court adopts the March 7, 2012 Report and Recommendation of Judge Tomlinson as if set forth herein.

The Court hereby directs defendant Annex General Contracting, Inc. to permit and cooperate in an audit of its books and records within thirty (30) days of the date of this Order. Plaintiffs are given sixty (60) days from the date of this Order to inform the Court whether defendant has complied with this Order. If the defendant fails to submit to an audit within the specified time frame, the Court will enter an Order and Judgment awarding plaintiffs damages as recommended in the March 2, 2012 Report and Recommendation.

Counsel for plaintiffs is hereby directed to serve a copy of this Order upon defendant Annex General Contracting, Inc. and file proof of service on ECF.

SO ORDERED.

Denis R. Hurley Unites States District Judge


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