From Casetext: Smarter Legal Research

Empire State Carpenters Welfare v. Holiday Magic Corp.

United States District Court, E.D. New York
Sep 16, 2011
10-CV-0603 (JS) (ETB) (E.D.N.Y. Sep. 16, 2011)

Opinion

10-CV-0603 (JS) (ETB).

September 16, 2011

Christopher James Schulte, Esq., Slevin Hart, PC, Washington, DC, Owen M. Rumelt, Esq., Levy Ratner P.C., New York, NY Attorney for Plaintiff.


MEMORANDUM ORDER


Plaintiffs sued Defendant Holiday Magic Corporation ("Defendant") for unpaid employee benefit contributions. Defendant did not appear to defend this action, and Plaintiffs moved for a default judgment. On June 28, 2011, Magistrate Judge E. Thomas Boyle issued a Report and Recommendation (the "R R") recommending that a default judgment be entered against Defendant and that Plaintiffs be awarded: (1) $6,003.20 in unpaid employee benefit contributions; (2) interest through April 18, 2011 in the amount of $578.87 plus $0.53 per day from and including April 19, 2011 through the date of judgment; (3) audit fees in the amount of $1,077.50; (4) liquidated damages in the amount of $1,200.64; (5) post-judgment interest pursuant to 28 U.S.C. § 1961; (6) attorneys' fees in the amount of $3,809.00; and (7) costs in the amount of $569.74.

The time for objections to the R R has passed and, having reviewed Judge Boyle's R R, the Court finds it to be thorough, well-reasoned, and free from clear error. Accordingly, the R R is ADOPTED in its entirety. The Clerk of the Court is directed to enter judgment against Defendant in the amount of $13,238.95 plus $0.53 per day from and including April 19, 2011 through the date of judgment. Plaintiffs shall also be entitled to post-judgment interest calculated pursuant to 28 U.S.C. § 1961. The Clerk is further directed to mail a copy of this Order to Defendant and to mark this case CLOSED.

SO ORDERED.

Dated: September 14, 2011


Summaries of

Empire State Carpenters Welfare v. Holiday Magic Corp.

United States District Court, E.D. New York
Sep 16, 2011
10-CV-0603 (JS) (ETB) (E.D.N.Y. Sep. 16, 2011)
Case details for

Empire State Carpenters Welfare v. Holiday Magic Corp.

Case Details

Full title:EMPIRE STATE CARPENTERS WELFARE, PENSION, ANNUITY, APPRENTICESHIP…

Court:United States District Court, E.D. New York

Date published: Sep 16, 2011

Citations

10-CV-0603 (JS) (ETB) (E.D.N.Y. Sep. 16, 2011)