MEMORANDUM OPINION AND ORDER

DENISE COTE, United States District Judge

An order of default was entered against defendant America Piles, Inc., in this action on January 8, 2002. On January 9, 2002, the case was referred to Magistrate Judge Katz for an inquest on damages. Judge Katz issued a Report and Recommendation on October 8, 2002 ("Report"). No objections to the Report were filed. The Report is adopted and judgment is entered for the plaintiffs.

BACKGROUND

Plaintiffs International Union of Operating Engineers, Local 15, 15A, 15C and 15D, AFL-CIO ("Local 15"), along with Local 15 Annuity, Welfare, Vacation and Apprenticeship Skill Improvement Training Funds ("Local 15 Trust Funds"), and the Central Pension Fund of the International Union of Operating Engineers ("Central Pension Fund"), brought this action under the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. § 1001, et seq. ("ERISA"), and the Labor Management Relations Act of 1947, 29 U.S.C. § 152 et seq. ("LMRA"). Plaintiffs seek to recover delinquent contributions owed by defendant to the plaintiffs.

America Piles agreed to be bound by the terms of a collective bargaining agreement with Local 15, dated July 1, 1992 ("the CBA"). As a signatory to the CBA, America Piles agreed to be bound by all agreements and declarations of trust, amendments and regulations, referenced in the collective bargaining agreements between Local 15 and various contracting associations. Such trust agreements include the Local 15 Trust Funds. America Piles agreed to remit all contributions required by the CBA (and other relevant trust documents) and to allow its books and records to be examined to determine whether it had made the proper contributions.

America Piles failed to make the contractually required fringe benefit contributions to the Local 15 Trust Funds and the Central Pension Funds for the period of July 1, 1998 through June 30, 2001. This failure violated the CBA, related trust agreements as well as ERISA. See 29 U.S.C. § 1145.

The Report recommends the following relief: (1) an order requiring defendant to cooperate in the performance of an audit by plaintiffs, by providing all requested books and records which are relevant to whether there has been a deficiency in required contributions; (2) an order requiring defendant to pay any determined deficiency within thirty days of receipt of notice of the deficiency from the Plaintiff Funds with interest from the date on which such deficiency came due, at the prime rate (as of July 1, 1998) plus one percent, plus liquidated damages in the amount of 20% of such deficiency; (3) an order requiring defendant to pay the costs of the audit; (4) an order awarding plaintiffs attorneys' fees in the amount of $3,250.00, and costs in the amount of $202.50.

DISCUSSION

A reviewing court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate." 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." Nelson v. Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y. 1985); see also Pizarro v. Bartlett, 776 F. Supp. 815, 817 (S.D.N.Y. 1991).

I find no facial error in the Report. The Report is therefore adopted.

CONCLUSION

The Report, including the relief recommended therein, is adopted. Judgment is entered for the plaintiffs.

SO ORDERED