Summary
holding that, in calculating interest, "[t]he principal amount is properly based on the amount of [defendant's] withdrawal liability"
Summary of this case from Trs. of the 1199 SEIU Health Care Emps. Pension Fund v. Traymore Chemists, Inc.Opinion
08-CV-2325 (ARR) (JO).
April 9, 2009
NOT FOR PRINT OR ELECTRONIC PUBLICATION ORDER
The court has received the Report and Recommendation on the instant case dated March 19, 2009 from the Honorable James Orenstein, United States Magistrate Judge. No objections have been filed. Accordingly, the court has reviewed the Report and Recommendation for clear error on the face of the record. See Advisory Comm. Notes to Fed.R.Civ.P. 72(b); accord Edwards v. Town of Huntington, No. 05 Civ. 339 (NGG) (AKT), 2007 U.S. Dist. LEXIS 50074, at *6 (E.D.N.Y. July 11, 2007); McKoy v. Henderson, No. O5 Civ. 1535 (DAB), 2007 U.S. Dist. LEXIS 15673, at *1 (S.D.N.Y. March 5, 2007). Having reviewed the record, I find no clear error. I hereby adopt the Report and Recommendation, in its entirety, as the opinion of the Court pursuant to 28 U.S.C. § 636(b)(1).
Therefore, the court awards the plaintiff a default judgment in the total amount of $322,680.15 (consisting of $306,705.00 in withdrawal liability; $14,690.15 in accrued interest; $935.00 in reasonable attorneys' fees; and $350.00 in other litigation costs).
The Clerk of the Court is directed to enter judgment accordingly.
SO ORDERED.