FILSD IN CLERKS OFFICE UNITED STATES DISTRICT COURT US DISTRICT COURT EASTERN DISTRICT OF NEW YORK , or oe meee ncn % SEP 23 2019 ok

THE ANNUITY, PENSION, WELFARE, BROOKLYN OFF] CE TRAINING AND LABOR MANAGEMENT ~ COOPERATION TRUST FUNDS OF THE INTERNATIONAL UNION OF OPERATING ENGINEERS, et al., Plaintiffs, ORDER ADOPTING REPORT AND RECOMMENDATION -against- 18-CV-05733 (AMD) (ST) S713 COASTAL ENVIRONMENTAL GROUP INC., Defendants. sistas neem unnp enna inate einai irienmmn Ann M. Donnelly, United States District Judge: On October 16, 2018, the plaintiffs brought this action against Coastal Environmental

Group Inc. under the Employee Retirement Income Security Act and the Labor Management Relations Act of 1847. (ECF No. 1.) Ina Report and Recommendation issued on September 5,

2019, Magistrate Judge Steve Tiscione recommended that the plaintiffs’ motion for default

judgment be granted in part and denied in part, and that the Court enter an award to the plaintiff comprised of the following: e $9,258.20 in the defendant’s unpaid ERISA contributions;

e $2,052.23 in prejudgment interest on the defendant’s unpaid ERISA contributions accruing at 6.0% annually from the end date of the respective audit periods underlying the plaintiff's claims until September 5, 2019, plus an additional $1.52 per day for each day until the District Court’s entry of final judgment;

e $2,052.23 in statutory damages on the unpaid ERISA contributions as of September 5, 2019, plus an additional $1.52 per day for each day until the District Court’s entry of final judgment; e $708.80 in the defendant’s unpaid non-ERISA contributions;

e $247.12 in prejudgment interest on the defendant’s unpaid non-ERISA contributions in the amount of 9.0% annually from November 1, 2015 until September 5, 2019, plus an additional $0.18 per day for each day until the District Court’s entry of final judgment; © $2,850.00 in attorney’s fees, and

e $455.00 for reimbursement of costs of filing and service of process.

(id. at 37.) Judge Tiscione also recommended entering judgment against the defendant and

finding it liable for unpaid contributions to all of the ERISA Funds except the Annuity Voluntary

Fund because the “plaintiffs . . . failed to allege that any named plaintiff is authorized to collect

delinquent contributions on this fund’s behalf.” (id. at 19.) No party has objected to Judge

Tiscione’s Report and Recommendation within the time prescribed by

(b)(1). A district court “may accept, reject, or modify, in whole or in part, the findings or

recommendations made by the magistrate judge.”

(b)(1)(C). Where, as here, no

party has objected to the magistrate judge’s recommendation, “a district court need only satisfy

itself that there is no clear error on the face of the record.” Urena v. New York,

(S.D.N.Y. 2001) (quoting Nelson v. Smith,

(S.D.N.Y.

1985)). This Court has reviewed Judge Tiscione’s meticulous and well-reasoned opinion, and

finds no error. Accordingly, the plaintiff's motion for default judgment is granted in part and

denied in part without prejudice. The Clerk of the Court is respectfully directed to enter an

award to the plaintiff for the amount described above and close this case.

SO ORDERED.

s/Ann M. Donnelly wn MI. Donnelly United States District Judge

Dated: Brooklyn, New York September 23, 2019