2:23-cv-07107
E.D.N.Y
Aug 29, 2025

JOHN R. DURSO, JOESPH FONTANO, AND WILLIAM F. CLARKE, as Trustees and Fiduciaries of the LOCAL 305 CIO‘S PENSION FUND v. CASA BELLA CONTRACTING, INC.

23-CV-7107 (EK)(AYS)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

August 29, 2025

ECF Case 2:23-cv-07107-EK-AYS Document 19 Filed 08/29/25 PageID #: 168

MEMORANDUM & ORDER

ERIC KOMITEE, United States District Judge:

The Court has received Magistrate Judge Sheilds‘s Report and Recommendation (R&R) dated August 12, 2025. ECF No. 17. Judge Sheilds recommends that plaintiffs’ motion for default judgment be granted, and that plaintiffs be awarded $114,855.80 in damages, consisting of $93,260.00 in withdrawal liability, $18,652.00 in liquidated damages, $2,475.00 in attorneys’ fees, and $468.80 in costs. Neither party has filed objections and the time to do so has expired. Accordingly, the Court reviews Judge Shields‘s recommendation for clear error on the face of the record. See Fed. R. Civ. P. 72(b) advisory committee‘s note to 1983 addition; accord .

Having reviewed the record, I find no error and therefore adopt the R&R in its entirety. Thus, plaintiffs’ motion for default judgment is granted and plaintiffs are awarded $114,855.80 in damages, consisting of $93,260.00 in withdrawal liability, $18,652.00 in liquidated damages, $2,475.00 in attorneys’ fees, and $468.80 in costs. The Clerk of Court is respectfully directed to terminate the case.

SO ORDERED.

/s/ Eric Komitee

ERIC KOMITEE

United States District Judge

Dated: August 29, 2025

Brooklyn, New York