From Casetext: Smarter Legal Research

Sciascia v. Prime Protective Servs., Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
Mar 11, 2014
13-cv-0800 (ADS)(AKT) (E.D.N.Y. Mar. 11, 2014)

Summary

noting that courts in the Eastern District have held that $90 per hour is a reasonable rate for paralegals in ERISA cases

Summary of this case from Trs. of Plumbers Local Union No. 1 Welfare Fund v. Temperini Mech. Inc.

Opinion

13-cv-0800 (ADS)(AKT)

03-11-2014

JOSEPH SCIASCIA and CARMINE FIORILLO, As Trustees of the Special and Superior Officers Benevolent Association Welfare Fund., and JOSEPH SCIASCIA, as President of the Special and Superior Officers Benevolent Association, Plaintiffs, v. PRIME PROTECTIVE SERVICES, INC., PRIME PROTECTIVE, INC., PRIME SECURITY & INVESTIGATIVE SERVICES, LLC, PRIME SECURITY SERVICES, INC., and TERRY ENGLISH, Defendants.

Archer, Byington, Glennon & Levine, LLP Attorneys for the Plaintiffs One Huntington Quadrangle By: Paula A. Clarity, Of Counsel NO APPEARANCE: The Defendants


DECISION AND ORDER

APPEARANCES:

Archer, Byington, Glennon & Levine, LLP
Attorneys for the Plaintiffs
One Huntington Quadrangle

By: Paula A. Clarity, Of Counsel

NO APPEARANCE:

The Defendants

SPATT, District Judge.

On February 11, 2013, the Plaintiffs Joseph Sciascia and Carmine Fiorillo, As Trustees of the Special and Superior Officers Benevolent Association Welfare Fund., and Sciascia, as President of the Special and Superior Officers Benevolent Association, commenced this action pursuant to Section 301 of the Labor Management Relations Act of 1947, 29 U.S.C. §185, and Sections 515 and 502(a)(3) of the Employee Retirement Income Security Act of 1974. In essence, the Plaintiffs seek to recover alleged delinquent fringe contributions under a collective bargaining agreement entered into by the Defendant Prime Security Services, Inc. and a union named the Special and Superior Officers Benevolent Association. The Clerk of the Court having noted the default of the Defendants on June 25, 2013, and the Plaintiff having moved for a default judgment against the Defendants on July 31, 2013, 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 February 19, 2014, Judge Tomlinson issued a thorough report recommending that the Court enter a default judgment against the Defendants Prime Protective Services, Inc., Prime Protective, Inc., Prime Security & Investigative Services, LLC, Prime Security Services, Inc., and Terry English. Judge Tomlinson also recommended that the Plaintiffs be awarded, as against the Defendants jointly and severally, (1) $33,485.00 for unpaid contributions; (2) $2,689.71 in interest on unpaid contributions; (3) $6,697.00 in liquidated damages; and (4) $2,636.69 in attorneys' fees and costs. To date, there has been no objection to Judge Tomlinson's report.

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

For the foregoing reasons, it is hereby:

ORDERED, that Judge Tomlinson's Report and Recommendation is adopted in its entirety; and it is further
ORDERED, that a default judgment be entered against the Defendants. The Clerk of the Court shall enter judgment against the Defendants, jointly and severally, in the amount of (1) $33,485.00 for unpaid contributions; (2) $2,689.71 in interest on unpaid contributions; (3) $6,697.00 in liquidated damages; and (4) $2,636.69 in attorneys' fees and costs; and it is further
ORDERED, that the Clerk is directed to close this case.

SO ORDERED.

Dated: Central Islip, New York
March 11, 2014

______________________

ARTHUR D. SPATT

United States District Judge


Summaries of

Sciascia v. Prime Protective Servs., Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
Mar 11, 2014
13-cv-0800 (ADS)(AKT) (E.D.N.Y. Mar. 11, 2014)

noting that courts in the Eastern District have held that $90 per hour is a reasonable rate for paralegals in ERISA cases

Summary of this case from Trs. of Plumbers Local Union No. 1 Welfare Fund v. Temperini Mech. Inc.
Case details for

Sciascia v. Prime Protective Servs., Inc.

Case Details

Full title:JOSEPH SCIASCIA and CARMINE FIORILLO, As Trustees of the Special and…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

Date published: Mar 11, 2014

Citations

13-cv-0800 (ADS)(AKT) (E.D.N.Y. Mar. 11, 2014)

Citing Cases

Trs. of N.Y.C. Dist. Council of Carpenters Pension Fund v. Dependable Office Installation LLC

In order to establish their claim under Section 515, plaintiffs must prove two elements: (1) that defendant…

Trs. of Plumbers Local Union No. 1 Welfare Fund v. Temperini Mech. Inc.

Plaintiffs request $145 per hour for unidentified legal assistants to the Local 1 Funds and $140 per hour to…