Flanagan v. D D Rubbish Removal Corp.

Full title: Stephen Flanagan, as a Trustee of the General Building Laborers' Local 66…

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

Date published: Sep 7, 2011

10-cv-2270 (ADS) (ARL) (E.D.N.Y. Sep. 7, 2011)

Opinion

10-cv-2270 (ADS) (ARL).

September 7, 2011

Law Offices of William T. LaVelle, P.C., Attorneys for the plaintiffs, The LaVelle Building, Patchogue, NY, By: Alicia M. Menechino, Esq., of Counsel.

ORDER

ARTHUR SPATT, District JudgePage 2

The plaintiffs commenced this action on or about May 18, 2010, asserting various labor-related claims against the defendants. On January 8, 2011, the Court entered a default judgment against the defendants, and referred the matter to United States Magistrate Judge Arlene R. Lindsay for an inquest as to damages, appropriate injunctive relief, appropriate attorney's fees, and costs. On April 28, 2011, Judge Lindsay issued a thorough Report recommending that the plaintiff be awarded damages in the amount of:

• $3,339.60 for delinquent contributions;

• $297.67 in interest on the delinquent contributions;

• $297.67 in liquidated damages; and

• $350.00 in costs.

To date, no objection has been filed to Judge Lindsay's Report and Recommendation.

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 Lindsay's Report and finds it be persuasive and without any legal or factual errors. There being no objection to Judge Lindsay's Report, the Court adopts the Report.

For the foregoing reasons, it is hereby:

ORDERED that Judge Lindsay's Report and Recommendation is adopted in its entirety; and it is further

ORDERED that the Clerk of the Court is directed to enter a default judgment against the defendants in the amount of $3,934.94 in damages, plus $350.00 in costs; and it is further

ORDERED that the Clerk of the Court is respectfully directed to close this case.

SO ORDERED.

Dated: Central Islip, New York

September 6, 2011