TRUSTEES OF THE PAVERS AND ROAD BUILDERS DISTRICT COUNCIL WELFARE, PENSION, ANNUITY AND APPRENTICESHIP, SKILL IMPROVEMENT AND SAFETY FUNDS v. D. GANGI CONTRACTING CORP.

No. 16-CV-2938 (ARR) (RER).

TRUSTEES OF THE PAVERS AND ROAD BUILDERS DISTRICT COUNCIL WELFARE, PENSION, ANNUITY AND APPRENTICESHIP, SKILL IMPROVEMENT AND SAFETY FUNDS and THE HIGHWAY, ROAD AND STREET CONSTRUCTION LABORERS LOCAL UNION 1010, Plaintiffs, v. D. GANGI CONTRACTING CORP. and ENDURANCE AMERICAN INSURANCE COMPANY, Defendants.

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

Editors Note
Applicable Law: 29 U.S.C. § 1145
Cause: 29 U.S.C. § 1145 E.R.I.S.A.
Nature of Suit: 791 Labor: E.R.I.S.A.
Source: PACER


Attorney(s) appearing for the Case

Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, Skill Improvement and Safety Funds, Plaintiff, represented by Julie A. Dabrowski , Virginia & Ambinder.

Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, Skill Improvement and Safety Funds, Plaintiff, represented by Nicole Marimon , Virginia & Ambinder, LLP.

The Highway, Road and Street Construction Laborers Local Union 1010, Plaintiff, represented by Julie A. Dabrowski , Virginia & Ambinder & Nicole Marimon , Virginia & Ambinder, LLP.

Endurance American Insurance Company, Defendant, represented by Kevin S. Brotspies , McElroy, Deutsch, Mulvaney & Carpenter LLP & Michael Joseph Riordan , McElroy, Deutsch, Mulvaney & Carpenter, LLP.


ORDER

ALLYNE R. ROSS, District Judge.

The court has received the Report and Recommendation on the instant case dated May 12, 2017 from the Honorable Ramon E. Reyes, Jr., United States Magistrate Judge. EOF No. 30. The deadline for filing objections has passed, See id. at 7; Aff. of Service, EOF No. 31, and no objections have been filed. Accordingly, the court has reviewed the Report and Recommendation for clear error on the face of the record. See Advisory Comm.Notes to Fed. R. Civ. P. 72(b); accord Brissett v. Manhattan & Bronx Surface Transit Operating Auth., No. 09-CV-874,2011 WL 1930682, at *1 (E.D.N.Y. May 19, 2011). Having reviewed the record, I find no clear error. I hereby adopt the Report and Recommendation in its entirety as the opinion of the Court pursuant to 28 U.S.C. § 636(b)(1).

Accordingly, plaintiffs' motion for default judgment against defendant D. Gangi Contracting Corp. is granted. The clerk of court is directed to enter judgment against D. Gangi Contracting Corp. in the amount of $135,888.48, representing:(1) $91,681.28 in total unpaid contributions; (2) $6,273.86 in total unpaid dues check-offs and other contributions; (3) $1,799.40 in latye payment interest; (4) $15, 153.54 in interest on unpaid contributions; (5) $18,336.12 in liqidated dameges; and (6) $2,644.28 in attorney's fees and costs.


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