The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers, Local 15, 15A, 15C & 15D, AFL-CIO v. Rizzo Environmental Services Corp.

• Court: District Court, E.D. New York
• Decided: May 9, 2022
• Docket: 1:22-cv-00556
• Status: Unknown

Opinion

IN CLERK’S OFFICE U.S. District Court E.D.N.Y. UNITED STATES DISTRICT COURT 05/06/2022 EASTERN DISTRICT OF NEW YORK BROOKLYN OFFICE THE ANNUITY, WELFARE AND RAN APPRENTICESHIP SKILL IMPROVEMENT & vey 00 (NG. □□□ SAFETY FUNDS OF THE INTERNATIONAL —— (NGG) ( UNION OF OPERATING ENGINEERS, LOCAL 15, 15A, 15C & 15D, AFL-CIO, et al., Plaintiffs, -against- RIZZO ENVIRONMENTAL SERVICES CORP., Defendant

NICHOLAS G. GARAUFIS, United States District Judge. Pending before the court is Plaintiffs’ motion for default judg- ment. (Mot. for Default J. (Dkt. 9).) Plaintiffs allege violations of the Employee Retirement Income Security Act of 1974 and the Labor Management Relations Act of 1947. (See Compl. (Dkt. 1).) This motion was referred to Magistrate Judge Lois Bloom for a report and recommendation (“R&R”). (See Mar. 25, 2022 Order Referring Mot.) Magistrate Judge Bloom issued the annexed R&R on April 6, 2022, recommending the court grant Plaintiffs’ motion. (See R&R (Dkt. 14).} No party has objected to Magistrate Judge Bloom’s R&R, and the time to do so has passed. See Fed. R. Civ. P. 72(b) (2). Therefore, the court reviews the R&R for clear error. See Velasquez v. Metro Fuel Oil Corp., 12 F. Supp. 3d 387, 397 (E.D.N.Y. 2014). Having found none, the court ADOPTS the R&R in full and, for the rea- sons stated in the R&R, ORDERS an injunction directing Defendant to comply with an audit of its books and records for the period of July 1, 2017 through December 31, 2021. The court GRANTS Plaintiff $2,562.50 in attorney's fees and $617 in costs. SO ORDERED.

Dated: Brooklyn, New York May 5, 2022 s/Nicholas G. Garaufis NICHOLAS G. GARAUFI United States District Judge