Opinion
17-CV-3448 (DRH)(SLT)
11-24-2020
TRUSTEES OF THE BUILDING TRADES EDUCATIONAL BENEFIT FUND, THE BUILDING TRADES ANNUITY BENEFIT FUND, BUILDING TRADES WELFARE BENEFIT FUND, and BUILDING TRADES PENSION FUND, Plaintiffs, v. CULVER ELECTRIC, LLC, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
Presently before the Court is the Report and Recommendation of Magistrate Judge Steven L. Tiscione, dated November 3, 2020 (the "R&R"), recommending that Plaintiffs' motion for default judgment to the extent that Plaintiffs be awarded damages as follows: $1,344,617.79 in unpaid contributions, $268,923.56 in liquidated damages, $4,934.83 in audit fees, $2,600 in attorney's fees, and $477.75 in costs, for a total damage award of $1,621,553.93. Plaintiffs have filed a document entitled "Objection" to the R&R requesting that the Court reconsider the R&R's conclusion as it pertains to the awarding the interest because in its motion papers plaintiff's auditor erroneously calculated interest only through July 2018, the audit completion date.
Errors made in a party's moving papers are not an appropriate basis for an objection by the moving party. However, rather than deny the objections and so as to allow the Plaintiffs to correct their alleged error, the Court adopts the R&R insofar as it recommends granting a default judgment on liability and denies that portion of the motion for a default judgment as to damages without prejudice to Plaintiff making a renewed motion for damages within twenty (20) days of the date hereof.
SO ORDERED. Dated: Central Islip, New York
November 24, 2020
s/ Denis R. Hurley
Denis R. Hurley
United States District Judge