UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

ANNUITY AND HEALTH & WELFARE FUNDS OF 19-CV-4192 (ARR)(RER) THE UNITED FOOD & COMMERCIAL WORKERS LOCAL 2013, AFL-CIO by their trustees Opinion & Order LOUIS MARK CAROTENUTO and STANLEY FLEISHMAN, Not for electronic or print publication Plaintiffs,

— against —

SOUTH ORANGE FANCY FOOD, LLC D/B/A EDEN GARDEN CAFÉ & MARKETPLACE / ASHLEY MARKETPLACE ,

Defendant.

ROSS, United States District Judge: This Court has received the Report and Recommendation on the instant case dated August 14, 2020, from the Honorable Ramon E. Reyes, Jr., United States Magistrate Judge. No objections have been filed. The Court reviews “de novo any part of the magistrate judge’s disposition that has been properly objected to.” Fed. R. Civ. P. 72(b); see also Brissett v. Manhattan & Bronx Surface Transit Operating Auth., No. 09-CV-874 (CBA)(LB),

, at *1 (E.D.N.Y. May 19, 2011), aff’d,

(2d Cir. 2012) (summary order). Where no timely objections have been filed, “the district court need only satisfy itself that there is no clear error on the face of the record.” Finley v. Trans Union, Experian, Equifax, No. 17-CV-0371 (LDH)(LB),

, at *1 (E.D.N.Y. Oct. 24, 2017) (quoting Estate of Ellington ex rel. Ellington v. Harbrew Imports Ltd.,

(E.D.N.Y. 2011)). Having reviewed the record, I find no clear error. I therefore adopt the Report and Recommendation, in its entirety, as the opinion of the Court pursuant to

(b)(1). Accordingly, I grant plaintiffs’ motion for default judgment and order an injunction requiring that defendant submit to an audit. Plaintiffs retain the ability to petition the court for further relief as a result of the audit. Additionally, I award plaintiffs attorneys’ fees amounting to $1,859.00 and costs amounting to $535.00. The Clerk of Court is directed to enter judgment

accordingly and close the case. SO ORDERED.

_______/s/________________ Allyne R. Ross United States District Judge

Dated: September 3, 2020 Brooklyn, New York