# Board of Trustees of the I.A.T.S.E. Annuity Fund v. National Convention Services, LLC

> District Court, S.D. New York · August 5, 2024

URL: https://www.frixlaw.com/law-library/cases/10661512

## Case

- **Court:** District Court, S.D. New York
- **Decided:** August 5, 2024
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

UNITED STATES DISTRICT COURT ELECTRONICALLY FILED
DOC #: _________________
SOUTHERN DISTRICT OF NEW YORK
DATE FILED: 8/5/2024
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:
BOARD OF TRUSTEE OF THE I.A.T.S.E. :
ANNUITY FUND, et al., :
: 1:24-cv-19-GHW-SDA
Plaintiff, :
: ORDER
-v – :
:
NATIONAL CONVENTION SERVICES, LLC :
:
Defendant. :
:
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GREGORY H. WOODS, United States District Judge:
On July 16, 2024, Magistrate Judge Aaron issued a Report and Recommendation (“R&R”)
recommending that the Court grant Plaintiffs’ motion for a default judgment. Dkt. No. 27.
Defendant was mailed a copy of the R&R on July 17, 2024. Dkt. No. 28. In the R&R, Judge Aaron
determined that Defendant was liable under 29 U.S.C § 1145 and 29 U.S.C § 185(a) for failing to
make contributions to employee benefit plans as required by a collective bargaining agreement. See
R&R at 8–9. He then determined that Plaintiffs were entitled to damages, attorneys’ fees, costs, and
prejudgment interest totaling $127,556.01. Id. at 16–17.
A district court reviewing a magistrate judge’s report and recommendation “may accept,
reject, or modify, in whole or in part, the findings or recommendations made by the magistrate
judge.” 28 U.S.C. § 636(b)(1). Parties may raise specific, written objections to the report and
recommendation within fourteen days of the date of service of the report. Id.; see also Fed. R. Civ. P.
72(b)(2). Because Defendant received service by mail, it was entitled to an additional three days,
extending its deadline to submit any objections to seventeen days from the date on which it was
mailed the order. Fed. R. Civ. P. 6(d). The Court reviews for clear error those parts of the report
and recommendation to which no party has timely objected. 28 U.S.C. § 636(b)(1)(A); Lewis v. Zon,
573 F. Supp. 2d 804, 811 (S.D.N.Y. 2008).
No objection to the R&R was submitted within the seventeen-day window. The Court has
reviewed the R&R for clear error and finds none. See Braunstein v. Barber, No. 06 Civ. 5978 (CS)
(GAY), 2009 WL 1542707, at *1 (S.D.N.Y. June 2, 2009) (explaining that a “district court may adopt
those portions of a report and recommendation to which no objections have been made, as long as
no clear error is apparent from the face of the record.”). ‘The Court accepts and adopts the R&R in
its entirety. For the reasons articulated in the R&R, Plaintiffs’ motion for default judgment is
granted.
Plaintiffs are directed to mail a copy of this order to Defendant. The Clerk of Court ts
directed to enter judgment for Plaintiffs in the amount of $127,556.01 plus post-judgment interest
calculated pursuant to 28 U.S.C. § 1961 until Defendant complies with the judgment, terminate
the motion pending at Dkt. No. 17, and close this case.
SO ORDERED.
Dated: August 5, 2024
GREGORY. WOODS
United States District Judge

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10661512. Public record. Not legal advice.