Durso v. Casa Bella Contracting, Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------x JOHN R. DURSO, JOESPH FONTANO, AND WILLIAM F. CLARKE, as Trustees and Fiduciaries of the LOCAL 305 CIO’S MEMORANDUM & ORDER PENSION FUND, 23-CV-7107 (EK)(AYS) Plaintiffs, -against- CASA BELLA CONTRACTING, INC., Defendant. ------------------------------------x ERIC KOMITEE, United States District Judge: The Court has received Magistrate Judge Sheilds’s Report and Recommendation (R&R) dated August 12, 2025. ECF No. 17. Judge Sheilds recommends that plaintiffs’ motion for default judgment be granted, and that plaintiffs be awarded $114,855.80 in damages, consisting of $93,260.00 in withdrawal liability, $18,652.00 in liquidated damages, $2,475.00 in attorneys’ fees, and $468.80 in costs. Neither party has filed objections and the time to do so has expired. Accordingly, the Court reviews Judge Shields’s recommendation for clear error on the face of the record. See Fed. R. Civ. P. 72(b) advisory committee’s note to 1983 addition; accord State Farm Mut. Auto.

Ins. Co. v. Grafman, 968 F. Supp. 2d 480, 481 (E.D.N.Y. 2013).

Having reviewed the record, I find no error and therefore adopt the R&R in its entirety. Thus, plaintiffs’ motion for default judgment is granted and plaintiffs are awarded $114,855.80 in damages, consisting of $93,260.00 in withdrawal liability, $18,652.00 in liquidated damages, $2,475.00 in attorneys’ fees, and $468.80 in costs. The Clerk of Court is respectfully directed to terminate the case.

SO ORDERED.

/s/ Eric Komitee ERIC KOMITEE United State s District Judge

Dated: August 29, 2025 Brooklyn, New York