05 CV 2719 (SJ) (E.D.N.Y. Oct. 3, 2006)

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King v. STL Consulting, LLC

United States District Court, E.D. New York

Oct 3, 2006

05 CV 2719 (SJ) (E.D.N.Y. Oct. 3, 2006)

Summary

holding that Rule 54(c) is not violated in awarding damages that accrued during the pendency of a litigation, so long as the complaint put the defendant on notice that the plaintiff may seek such damages

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See 25 Summaries

Opinion

05 CV 2719 (SJ).

October 3, 2006

Avram H. Schreiber New York, NY, Attorney for Plaintiff.

ORDER

STERLING JOHNSON JR., District Judge

Before the Court is a Report and Recommendation (the "Report"), prepared by Magistrate Judge Kiyo A. Matsumoto. Judge Matsumoto filed the Report on August 29, 2006, and provided the parties with the requisite amount of time to file any objections. According to the docket, Plaintiffs served Defendants with a copy of the Report on August 30, 2006. No objections have been filed.

A district court judge may designate a magistrate judge to hear and determine certain motions pending before the Court and to submit to the Court proposed findings of fact and a recommendation as to the disposition of the motion. See 28 U.S.C. § 636(b)(1). Within 10 days of service of the recommendation, any party may file written objections to the magistrate's report.Id. Upon de novo review of those portions of the record to which objections were made, the district court judge may affirm or reject the recommendations. Id. The Court is not required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the report and recommendation to which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 150 (1985).

As mentioned, no objections were filed within the allotted time period. Upon review, the Court adopts and affirms the Report. The Clerk of the Court shall enter judgment in favor of Plaintiffs in the amount of $7,293.00 in unpaid contributions, $985.05 in interest on the unpaid contributions, $985.05 in liquidated damages, $3,062.15 in attorneys' fees, and $418.05 in costs, for a total award of $12,743.30. Furthermore, Plaintiffs' request for a permanent injunction is denied.

The Clerk of the Court is directed to close the case.

SO ORDERED.

Summaries of

King v. STL Consulting, LLC

United States District Court, E.D. New York

Oct 3, 2006

05 CV 2719 (SJ) (E.D.N.Y. Oct. 3, 2006)

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