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Flanagan v. Marco Martelli Associates, Inc.

United States District Court, E.D. New York

March 9, 2015

STEPHEN FLANAGAN, as a Trustee of the GENERAL BUILDING LABORERS' LOCAL 66 PENSION FUND, STEPHEN FLANAGAN, as a Trustee of the GENERAL BUILDING LABORERS' LOCAL 66 WELFARE FUND, STEPHEN FLANAGAN, as a Trustee of the GENERAL BUILDING LABORERS' LOCAL 66 ANNUITY FUND, STEPHEN FLANAGAN, as a Trustee of the GENERAL BUILDING LABORERS' LOCAL 66 LABORERS' EMPLOYER COOPERATIVE AND EDUCATIONAL TRUST FUND, STEPHEN FLANAGAN, as a Trustee of the GENERAL RECOMMENDATION BUILDING LABORERS' LOCAL 66 YORK STATE HEALTH AND SAFETY FUND, and STEPHEN FLANAGAN, as Business Manager of GENERAL BUILDING LABORERS' LOCAL UNION NO. 66 of the LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO, Plaintiff,
v.
MARCO MARTELLI ASSOCIATES, INC. and MARCO MARTELLI, Defendants.

LaVelle & Menechino Law Office, LLP By: Alicia M. Menechino, Esq., Of Counsel. Patchogue, NY, Attorneys for the Plaintiff.

ADOPTION ORDER

ARTHUR D. SPATT, District Judge.

On October 30, 2013, the Plaintiff Stephen Flanagan, Trustee of the General Building Laborers' Local 66 Pension Fund, Welfare Fund, Annuity Fund, Laborers Employer Cooperative and Educational Trust Fund, Greater NY Laborers' Employer Cooperative and Educational Trust Fund, New York State Health and Safety Fund, Training Program, and as Business Manager of the General Building Laborers' Local Union No. 66 of the Laborers' International Union of North America, AFL-CIO (the "Plaintiff") commenced this action.

The Plaintiff asserts claims against the Defendants Marco Martelli Associates, Inc. and Marco Martelli (collectively, the "Defendants") pursuant to Sections 1145 and 1132(g)(2) of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132(a)(3), and Section 185(a) of the Labor Management Relations Act ("LMRA"), 29 U.S.C. § 185.

The Plaintiff seeks to recover delinquent fringe benefit contributions and union wages/dues for the period between August 24, 2010 and October 15, 2011, pursuant to the Collective Bargaining Agreements entered into by General Building Laborers' Local Union No. 66 of the Laborers' International Union of North America, AFL-CIO (the "Union") and the Defendants.

On May 31, 2014, the Plaintiff requested a Certificate of Default with the Clerk of the Court. On June 2, 2014, the Clerk of the Court issued the Certificate of Default and certified the Defendants' default.

On June 8, 2014, the Plaintiff moved for default judgment.

On June 27, 2014, the Court referred this matter to United States Magistrate Judge A. Kathleen Tomlinson for a recommendation as to whether the motion for a default judgment should be granted, and if so, whether damages should be awarded, including reasonable attorney's fees and costs.

On January 29, 2015, Judge Tomlinson issued a Report recommending that the Plaintiff's motion for default judgment be granted and that the Plaintiff be awarded the following damages: (i) $23, 955.75 for unpaid contributions; (ii) pre-judgment interest on unpaid contributions through May 31, 2014; in an amount to be determined by the Clerk's Office; (iii) liquidated damages in the same amount as the pre-judgment interest calculated by the Clerk's Office; (iv) $1, 608.31 in attorneys' fees; and (v) $555.00 in costs and disbursements.

More than fourteen days have elapsed since service of the Report and Recommendation on the Defendants, who have failed to file an objection.

Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has reviewed the February 18, 2015, Report and Recommendation for clear error, and finding none, now concurs in both its reasoning and its result. See Coburn v. P.N. Fin., No. 13-CV-1006 (ADS)(SIL), 2015 WL 520346, at *1 (E.D.N.Y. Feb. 9, 2015) (reviewing Report and Recommendation without objections for clear error). Accordingly, the January 29, 2015 Report and Recommendation is adopted in its entirety, and the Plaintiff's motion for a default judgment is granted. The Clerk of the Court is directed to enter judgment for the Plaintiff and to close this case.

SO ORDERED.


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