UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
August 20, 2012
JOSEPH A. FERRARA, SR., FRANK H. FINKEL, MARC HERBST, DENISE RICHARDSON,
THOMAS F. CORBETT, ANTHONY D'AQUILA, THOMAS GESUALDI, LOUIS BISIGNANO, DOMINICK MEMORANDUM & MARROCCO, AND ANTHONY PIROZZI, AS TRUSTEES AND FIDUCIARIES OF THE LOCAL 282 WELFARE TRUST FUN, THE LOCAL 282 PENSION TRUST FUND, THE LOCAL 282 ANNUITY
TRUST FUND, THE LOCAL 282 JOB TRAINING TRUST FUND, AND THE LOCAL 282 VACATION AND SICK LEAVE TRUST FUND, PLAINTIFFS,
ATLAS CONCRETE STRUCTURES CORP., DEFENDANT.
The opinion of the court was delivered by: Seybert, District Judge:
Plaintiffs, the Trustees of certain employee benefit funds (the "Funds"), sued Defendant Atlas Concrete Structures Corp. to recover unpaid employee benefit contributions owed to the Funds under a collective bargaining agreement. Defendant has not appeared or otherwise defended this suit, and Plaintiffs moved for a default judgment. On May 17, 2012, Magistrate Judge E. Thomas Boyle issued a Report and Recommendation ("R&R") recommending that Plaintiffs be awarded $111,555.39 in damages, costs, and attorneys' fees plus additional interest at a rate of $33.58 per day. No objections were filed within the prescribed time.*fn1
Judge Boyle's R&R is thorough and well-reasoned. The Court notes one arithmetic error but otherwise ADOPTS the R&R except as discussed herein. Whereas the R&R recommended a monetary award of $111,555.39, the Court's calculations yield a slightly higher number: $111,905.39. Accordingly, the Clerk of the Court is respectfully directed to enter judgment against Defendant and in favor of Plaintiffs in the amount of $111,905.39 plus interest in the amount of $33.58 per day from and including May 18, 2012 through the date of judgment. Plaintiffs shall also be entitled to post-judgment interest calculated pursuant to 28 U.S.C. § 1961. The Clerk of the Court is further directed to mark this case CLOSED.
Joanna Seybert, U.S.D.J. Central Islip, New York