The opinion of the court was delivered by: Spatt, District Judge.
On September 9, 2005, the plaintiffs commenced this action against the defendant, Falcone Building & Remodeling, Inc., seeking to collect delinquent employee benefit plan contributions and unpaid wages owed by the defendant. On June 27, 2006, the Court entered a default judgment against the defendant, and referred the matter to United States Magistrate Judge A. Kathleen Tomlinson for an inquest as to damages, including reasonable attorneys' fees and costs.
On April 17, 2012, Judge Tomlinson issued a Report and Recommendation (the "Report") recommending that the Court award the plaintiffs damages as follows:
(1) $173,645.87 for unpaid fringe benefits;
(2) $28,534.75 in interest on the unpaid fringe benefits;
(3) $34,729.17 in liquidated damages;
(4) $3,310.00 in attorney's fees; and
(5) $2,734.54 in unpaid wages and interest, for a total sum of $242,954.33.
(Report at 14.) Judge Tomlinson further recommended that the Court award the plaintiff post- judgment interest at the rate set forth in 28 U.S.C. § 1961 as of the date of the entry of final judgment. To date, there have been no objections filed to the Report.
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 Tomlinson's Report and finds it be persuasive and without any legal or factual errors.
There being no objection to Judge Tomlinson's Report, it is hereby
ORDERED, that Judge Tomlinson's Report and Recommendation is adopted in its entirety. The Court awards the plaintiffs: (1) $173,645.87 for unpaid fringe benefits; (2) $28,534.75 in interest on the unpaid fringe benefits; (3) $34,729.17 in liquidated damages; (4) $3,310.00 in attorney's fees; (5) $2,734.54 in unpaid wages and interest; and (6) post- judgment interest at the rate set forth in 28 U.S.C. § 1961 as of the date of the entry of final judgment, and it is further
ORDERED, that the Clerk of the Court is directed to enter judgment in favor of the plaintiffs in the amount of $242,954.33, plus post-judgment interest pursuant ...