Trustees of the Pavers and Road Builders District Council Welfare, Pension, and Annuity Funds and the Trustees of the Local 1010 Apprenticeship, Skill Improvement and Training Fund v. Graci Paving Associates, Inc.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Trustees of the Pavers and Road Builders District Council
Welfare, Pension, and Annuity Funds and the Trustees of the
Local 1010 Apprenticeship, Skill Improvement and Training
Fund,
Plaintiff,
-v-
Graci Paving Associates, Inc.,
Defendant.
2:25-cv-3937
(NJC) (LGD)
MEMORANDUM AND ORDER
NUSRAT J. CHOUDHURY, United States District Judge:
On July 16, 2025, Plaintiff Trustees of the Pavers and Road Builders District Council
Welfare, Pension, and Annuity Funds and the Trustees of the Local 1010 Apprenticeship, Skill
Improvement and Training Fund (“Trustees”), commenced this action against Defendant Graci
Paving Associates, Inc. (“Graci Paving”), seeking to recover for Graci Paving’s alleged
violations of Section 515 of the Employee Retirement Income Security Act (“ERISA”) of 1974,
as amended, 29 U.S.C. § 1001, et seq., and Section 301 of the Labor-Management Relations Act
(“LMRA”) of 1947, as amended, 29 U.S.C. § 141, et seq. (Compl., ECF No. 1.) The Clerk of
Court entered default against Graci Paving on August 14, 2025. (ECF No. 11.) Thereafter, on
October 3, 2025, Trustees filed a Motion for Default Judgment, seeking relief in the form of (1)
the delinquent benefit contributions; (2) liquidated damages representing 10% of the delinquent
contributions; (3) interest on late-paid contributions calculated at 10% annually; (4) delinquent
union assessments and dues check-offs; (5) attorney’s fees; (6) court disbursements and costs;
(7) auditing expenses; and (8) additional damages available pursuant to ERISA. (Mot. Default
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Judgment at 8–16, ECF No. 18.) This Court referred the Motion to Magistrate Judge Lee G.
Dunst. (Elec. Order, Oct. 16, 2025.)
On January 22, 2026, Judge Dunst issued a Report and Recommendation (the “R&R”)
recommending that Trustees’ Motion for Default Judgment be granted and that Trustees be
awarded damages, fees, and costs as follows:
(1) $173,514.04 in delinquent benefit contributions;
(2) $7,705.31 in delinquent union assessments;
(3) $2,778.30 in delinquent union dues check-offs;
(4) $11,579.29 in pre-judgment interest, plus $47.54 per day from September 26,
2025 through the date that judgment is entered;
(5) $1,319.82 in late payment interest;
(6) $17,351.40 in liquidated damages;
(7) $2,468.00 in audit costs;
(8) $4,630.80 in attorneys’ fees;
(9) $492.60 in court costs and disbursements; and
(10) post-judgment interest calculated from the date the Clerk of Court enters
judgment until the date of payment, pursuant to 28 U.S.C. § 1961.
(R&R at 27, ECF No. 28.)
A copy of the R&R was provided to Trustees’ counsel via ECF on January 22, 2026, (see
id.), and Trustees’ counsel filed a certificate of service later that day affirming that she had
served the R&R on Graci Paving that same day by first-class and electronic mail at their known
address and email, (see ECF No. 29). The R&R instructed that any objections to the R&R were
required to be submitted in writing to the Clerk of Court within fourteen (14) days of service of
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the R&R. (R&R at 28.) Consequently, the deadline to object to the R&R was February 9, 2026.
See Fed. R. Civ. P. 72(b)(2) (requiring a party to file objections to a magistrate judge’s report
and recommendation within 14 days of service); Fed. R. Civ. P. 5(b)(2)(C) (providing that
service by mail “is complete upon mailing”); Fed. R. Civ. P. 6(d) (adding three days for a party
to act in response to a document served by mail); Fed. R. Civ. P. 6(a)(1)(C) (deferring deadlines
that fall on a Saturday or Sunday until “the next day that is not a Saturday, Sunday, or legal
holiday”); see also Murphy v. Murphy, No. 20-cv-02388, 2023 WL 2795977, at *1 (E.D.N.Y.
Apr. 5, 2023) (setting out these same rules for calculating the deadline to object to an R&R). The
date for filing any objections to the R&R has thus expired, and no party has filed an objection to
the R&R.
In reviewing a report and recommendation, the court “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)(C). If no objections are filed, a district court reviews a report and recommendation
for clear error. King v. Paradise Auto Sales I, Inc., No. 15-cv-1188, 2016 WL 4595991, at *1
(E.D.N.Y. Sept. 2, 2016) (citation omitted); Covey v. Simonton, 481 F. Supp. 2d 224, 226
(E.D.N.Y. 2007). Because no party has timely filed objections to the R&R, I may review the
R&R for clear error. King, 2016 WL 4595991, at *1. Nevertheless, I reviewed the R&R de novo
out of an abundance of caution. Having reviewed the motion papers, the applicable law, and the
R&R, I adopt the thorough and well-reasoned R&R’s recommendation that Trustees’ Motion for
Default Judgment be granted and its recommendations as to the amount of damages, attorney’s
fees, and costs to be awarded to Trustees.
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Accordingly, Trustees’ Motion for Default Judgment (ECF No. 18) is granted, with rates
and hours for attorney’s fees as set forth in the R&R. The Court awards Trustees the following
relief:
(1) $173,514.04 in delinquent benefit contributions;
(2) $7,705.31 in delinquent union assessments;
(3) $2,778.30 in delinquent union dues check-offs;
(4) $11,579.29 in pre-judgment interest, plus $47.54 per day from September 26,
2025 through the date that judgment is entered;
(5) $1,319.82 in late payment interest;
(6) $17,351.40 in liquidated damages;
(7) $2,468.00 in audit costs;
(8) $4,630.80 in attorneys’ fees;
(9) $492.60 in court costs and disbursements; and
(10) post-judgment interest calculated from the date the Clerk of Court enters
judgment until the date of payment, pursuant to 28 U.S.C. § 1961.
Dated: Central Islip, New York
February 26, 2026
________/s/ Nusrat J. Choudhury_______
NUSRAT J. CHOUDHURY
United States District Judge
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