Summary
holding up to 20 hours of work on an ERISA default judgment to be reasonable
Summary of this case from Trs. of the Ne. Carpenters Health v. Espinosa Grp., Inc.Opinion
03-CV-4165 (NGG) (RML).
February 21, 2007
ORDER
On February 24, 2006, this court granted Plaintiffs' motion for default judgment against Defendant Twig Roofing, Inc., and subsequently referred Plaintiffs' motion for attorney's fees and costs to Magistrate Judge Robert M. Levy. On January 22, 2007, Judge Levy issued a Report and Recommendation (R R) recommending that Plaintiffs be awarded $5,500 in attorneys' fees, $600 in costs, and $4,940 in auditors' fees, for a total of $11,040. No party has filed objections to the R R.
In reviewing an R R, this 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). In order to accept a Magistrate Judge's R R where no timely objection has 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) (quoting 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) (court may accept report if it is "not facially erroneous").
The R R is comprehensive and extremely well-reasoned. The court finds no clear error in the R R and therefore adopts the R R for the reasons stated therein. Plaintiffs' motion for attorneys' fees, costs, and auditors' fees is hereby GRANTED as detailed above.
SO ORDERED.