Trustees of the Local 138, 138A & 138B International Union of Operating Engineers Welfare Fund, Annuity Fund, Legal Fund, Vacation Fund, Apprenticeship Training Fund et al v. Early Bird Sweeping Contractors, Inc.

Justia Dockets & Filings Second Circuit New York Eastern District Trustees of the Local 138, 138A & 138B International Union of Operating Engineers Welfare Fund, Annuity Fund, Legal Fund, Vacation Fund, Apprenticeship Training Fund et al v. Early Bird Sweeping Contractors, Inc.

Plaintiff:	Trustees of the Central Pension Fund of the International Union of Operating Engineers and Trustees of the Local 138, 138A & 138B International Union of Operating Engineers Welfare Fund, Annuity Fund, Legal Fund, Vacation Fund, Apprenticeship Training Fund
Defendant:	Early Bird Sweeping Contractors, Inc.
Case Number:	2:2016cv01066
Filed:	March 3, 2016
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Anne Y. Shields
Presiding Judge:	Arthur D. Spatt
Nature of Suit:	Labor: E.R.I.S.A.
Cause of Action:	28 U.S.C. § 1132 E.R.I.S.A.
Jury Demanded By:	None

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Date Filed	Document Text
March 19, 2019	Filing 35 ADOPTION ORDER: On August 22, 2018, the Court referred this matter to United States Magistrate Judge Anne Y. Shields for a recommendation as to whether the motion for a default judgment should be granted, and if so, whether damages should be awarded . On December 19, 2018, Judge Shields issued a Report & Recommendation ("R&R") recommending that (1) a default judgment be granted against the Defendant; (2) the Defendant be ordered to submit to an audit of its books and payroll records f or the period of July 1, 2013 to June 30, 2015; and (3) Plaintiffs be awarded attorney's fees in the amount of $5,550.50 and costs and disbursements in the amount of $1,060.00. More than fourteen (14) days have elapsed since service of the R&R on the Defendant, who has failed to file an objection. Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has reviewed the R&R for clear error, and finding none, now concurs in both its reasoning and its result. Accordingly, the R&R is adopted in its entirety, and the Plaintiffs' motion for a default judgment is granted. SEE ATTACHED ORDER for details. So Ordered by Judge Arthur D. Spatt on 3/19/2019. (Coleman, Laurie)
April 8, 2017	Filing 15 ORDER - More than fourteen days have elapsed since the issuance of the R&R, and the Plaintiff has neither filed an objection nor requested an extension of time to do so. Therefore, pursuant to 28 U.S.C. § 636(b) and FED. R. CIV. P. 72, this Cour t has reviewed the R&R for clear error, and finding none, now concurs in both its reasoning and its result. Accordingly, the March 3, 2017 Report and Recommendation is adopted in its entirety. The Plaintiffs motion for a default judgment, DE 11 , is denied, and the Plaintiff shall have until June 7, 2017 to effectuate proper service of the Summons and Complaint on the Defendant. If by June 7, 2017, proof of service has not been filed, the Clerk is directed to close this case. SEE ATTACHED ORDER for details. So Ordered by Judge Arthur D. Spatt on 4/8/17. (Coleman, Laurie)

Date Filed

Document Text

March 19, 2019

Filing 35 ADOPTION ORDER: On August 22, 2018, the Court referred this matter to United States Magistrate Judge Anne Y. Shields for a recommendation as to whether the motion for a default judgment should be granted, and if so, whether damages should be awarded . On December 19, 2018, Judge Shields issued a Report & Recommendation ("R&R") recommending that (1) a default judgment be granted against the Defendant; (2) the Defendant be ordered to submit to an audit of its books and payroll records f or the period of July 1, 2013 to June 30, 2015; and (3) Plaintiffs be awarded attorney's fees in the amount of $5,550.50 and costs and disbursements in the amount of $1,060.00. More than fourteen (14) days have elapsed since service of the R&R on the Defendant, who has failed to file an objection. Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has reviewed the R&R for clear error, and finding none, now concurs in both its reasoning and its result. Accordingly, the R&R is adopted in its entirety, and the Plaintiffs' motion for a default judgment is granted. SEE ATTACHED ORDER for details. So Ordered by Judge Arthur D. Spatt on 3/19/2019. (Coleman, Laurie)

April 8, 2017

Filing 15 ORDER - More than fourteen days have elapsed since the issuance of the R&R, and the Plaintiff has neither filed an objection nor requested an extension of time to do so. Therefore, pursuant to 28 U.S.C. § 636(b) and FED. R. CIV. P. 72, this Cour t has reviewed the R&R for clear error, and finding none, now concurs in both its reasoning and its result. Accordingly, the March 3, 2017 Report and Recommendation is adopted in its entirety. The Plaintiffs motion for a default judgment, DE 11 , is denied, and the Plaintiff shall have until June 7, 2017 to effectuate proper service of the Summons and Complaint on the Defendant. If by June 7, 2017, proof of service has not been filed, the Clerk is directed to close this case. SEE ATTACHED ORDER for details. So Ordered by Judge Arthur D. Spatt on 4/8/17. (Coleman, Laurie)

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Defendant: Early Bird Sweeping Contractors, Inc.
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Plaintiff: Trustees of the Central Pension Fund of the International Union of Operating Engineers
Represented By:	Jane L. Barker
Represented By:	Lauren Bonaguro
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Plaintiff: Trustees of the Local 138, 138A & 138B International Union of Operating Engineers Welfare Fund, Annuity Fund, Legal Fund, Vacation Fund, Apprenticeship Training Fund
Represented By:	Jane L. Barker
Represented By:	Lauren Bonaguro
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