United States District Court, E.D. New York
TRUSTEES OF EMPIRE STATE CARPENTERS ANNUITY, APPRENTICESHIP, LABOR-MANAGEMENT COOPERATION, PENSION AND WELFARE FUNDS, Plaintiffs,
CLAUDE RODRIGUE d/b/a MR DRYWALL, INC., C.R. DRYWALL CO., INC., C.R. DRYWALL RESIDENTIAL, INC., and MR DRYWALL, INC., Defendants.
Charles R. Virginia, Esq., Richard B. Epstein, Esq., Elina
Burke, Esq., Todd Dickerson, Esq. For Plaintiffs
William F. Ryan, Jr., Esq For Defendants
MEMORANDUM & ORDER
SEYBERT, District Judge
before the Court are: (1) Plaintiffs Trustees of Empire State
Carpenters Annuity, Apprenticeship, Labor-Management
Cooperation, Pension and Welfare Funds'
(“Plaintiffs”) motion for attorneys' fees and
costs following the Court's entry of summary judgment in
Plaintiffs' favor against Defendant Claude Rodrigue d/b/a
MR Drywall, Inc. (“MR Drywall”), (Pls.' Mot.,
Docket Entry 80), and (2) Magistrate Judge Steven I.
Locke's February 7, 2018 Report and Recommendation
(“R&R”) recommending that the Court grant
Plaintiffs' motion and award Plaintiffs $108, 439.48 in
attorneys' fees and costs, (R&R, Docket Entry 92).
For the following reasons, the Court ADOPTS Judge Locke's
R&R in its entirety.
commenced this action on October 21, 2013, seeking, inter
alia, to confirm and enforce an arbitration award
against MR Drywall and to hold entities affiliated with MR
Drywall jointly and severally liable for its obligations.
(R&R at 3.) On August 25, 2016, Plaintiffs moved for
summary judgment against MR Drywall, and this Court referred
Plaintiffs' motion to Judge Locke on October 13, 2016 for
a Report and Recommendation on whether it should be granted.
(R&R at 3.) On January 25, 2017, Judge Locke recommended
that Plaintiffs' motion be granted, that Plaintiffs be
awarded damages in the amount of $641, 009.32, and that
Plaintiffs be granted leave to file a motion seeking
attorneys' fees and costs. (R&R at 3.) On March 29,
2017, this Court overruled MR Drywall's and C.R. Drywall
Residential, Inc.'s objections and adopted Judge
Locke's January 25, 2017 Report and Recommendation in its
entirety, granting Plaintiffs leave to move for
attorneys' fees and costs. (R&R at 3-4.)
17, 2017, Plaintiffs filed this motion for attorneys'
fees and costs, which is unopposed, (R&R at 4), and which
this Court referred to Judge Locke on October 13, 2017 for a
Report and Recommendation on whether the motion should be
granted, (Referral Order, Docket Entry 90.)
Locke issued the R&R on February 7, 2018, recommending
that the Court grant the motion and award Plaintiffs $108,
439.48 in attorneys' fees and costs. (R&R at 1.)
Judge Locke explained that because this Court previously
concluded that Plaintiffs are entitled to recover
attorneys' fees and costs, the “only issue
presently before [Judge Locke], then, is whether the amounts
sought by Plaintiffs are permissible under Second Circuit
law.” (R&R at 4.) Judge Locke found that
Plaintiffs' counsels' hourly rates and the number of
hours spent on this litigation were reasonable, and
recommended that the Court award Plaintiffs $105, 065.00 in
attorneys' fees. (R&R at 6-9.) Judge Locke also found
that the costs incurred in this matter were reasonable and
necessary, and recommended that Plaintiffs be awarded $3,
374.48 in costs. (R&R at 9-10.)
reviewing an R&R, a district court “may accept,
reject, or modify, in whole or in part, the findings and
recommendations made by the magistrate judge.” 28
U.S.C. § 636(b)(1)(C). If no timely objections have been
made, the “court need only satisfy itself that there is
no clear error on the face of the record.” Urena v.
New York, 160 F.Supp.2d 606, 609-10 (S.D.N.Y. 2001)
(internal quotation marks and citation omitted).
were due within fourteen (14) days of service of the R&R.
The time for filing objections has expired, and no party has
objected. Accordingly, all objections are hereby deemed to
have been waived.
careful review and consideration, the Court finds Judge
Locke's R&R to be comprehensive, well-reasoned, and
free of clear error, ...