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VINCENT MASINO, KEITH LOSCALZO, RAYMOND MARIA, ANTHONY FASULO, DAVID DELUCIA, and DOMENICK AGOSTINO, as Trustees and Fiduciaries of the PAVERS AND ROAD BUILDERS DISTRICT COUNCIL WELFARE, PENSION, ANNUITY AND APPRENTICESHIP, SKILL IMPROVEMENT AND TRAINING FUNDS Plaintiffs, v. COLUMBUS CONSTRUCTION CORP., Defendant.

ORDER

ROSLYNN MAUSKOPF, District Judge

By Motion filed November 5, 2008, Plaintiffs moved for a default judgment pursuant to Federal Rule of Civil Procedure 55(b)(2). By Order entered November 10, 2008, this Court referred that motion to the assigned Magistrate Judge, the Honorable Cheryl L. Pollak, for a Report and Recommendation. On July 29, 2009, Judge Pollak issued a Report and Recommendation (the "R R") that Plaintiffs' motion be granted and that Plaintiffs be awarded $6,288.06 in unpaid fringe benefit contributions, $828.94 in interest, $628.81 in liquidated damages, and $3,589.67 in attorneys' fees and costs. Judge Pollak reminded the parties that, pursuant to Rule 72(b), any objection to the R R was due within ten (10) days. Neither party has filed any objection.

Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72(b), the Court has reviewed the R R for clear error and, finding none, adopts the R R in its entirety. See Covey v. Simonton, 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007). Accordingly, it is hereby ORDERED that Plaintiffs' motion for a default judgment is GRANTED and Plaintiffs are awarded $6,288.06 in unpaid fringe benefit contributions, $828.94 in interest, $628.81 in liquidated damages, and $3,589.67 in attorneys' fees and costs, for a total damages award of $11,335.48. The Clerk of the Court is directed to enter judgment accordingly, mail a copy of this Order and the Clerk's judgment to Defendant, and close the case.

SO ORDERED.

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MASINO v. COLUMBUS CONSTRUCTION CORP
(Aug 18, 2009)