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Empire State Carpenters Welfare, Pension, Annuity, Apprenticeship v. Mazzco Enterprises

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


September 28, 2012

EMPIRE STATE CARPENTERS WELFARE, PENSION, ANNUITY, APPRENTICESHIP, CHARITABLE TRUST, LABOR MANAGEMENT CORPERATION, AND SCHOLARSHIP FUNDS AND THEIR BOARDS OF TRUSTEES, PLAINTIFFS,
v.
MAZZCO ENTERPRISES, INC., DEFENDANT.

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

MEMORANDUM & ORDER

Plaintiffs, certain multi-employer employee benefit plans and their boards of trustees (collectively, "Plaintiffs"), sued Defendant Mazzco Enterprises, Inc. to recover unpaid employee benefit contributions owed to the plans under collective bargaining agreements and related declarations of trust. Defendant has not appeared or otherwise defended this suit, and Plaintiffs moved for a default judgment. On August 2, 2012, Magistrate Judge William D. Wall issued a Report and Recommendation ("R&R") recommending that Plaintiffs be awarded $108,619.17 in damages, costs, and attorneys' fees. No objections were filed within the prescribed time.

Judge Wall's R&R is thorough, well-reasoned, and free of clear error. Accordingly, it is ADOPTED in its entirety. The Clerk of the Court is respectfully directed to enter judgment against Defendant and in favor of Plaintiffs in the amount of $108,619.17. 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.

SO ORDERED.

Joanna Seybert, U.S.D.J.

20120928

© 1992-2012 VersusLaw Inc.



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