The opinion of the court was delivered by: Townes, United States District Judge
First Unum Life Insurance Company ("First Unum") brought this action to seek reimbursement by defendant Ralph Alleyne for an overpayment of disability benefits from an employee welfare benefit plan governed by the Employee Retirement Income Security Act. This Court referred the motion for a default judgment by First Unum to the Honorable Joan M. Azrack, United States Magistrate Judge, for a report and recommendation ("R&R"). In a R&R dated October 3, 2008, Magistrate Judge Azrack recommended that this Court award judgment in favor of First Unum for overpayment that resulted from Alleyne's receipt of Social Security benefits but not overpayment that resulted from his receipt of worker's compensation benefits. Plaintiff filed objections to the R&R on October 20, 2008. The factual and procedural background is adequately described in the R&R, and this memorandum and order assumes familiarity with the relevant background.
If any party serves and files written objections to a magistrate judge's recommendations within ten days of being served with a copy thereof, the district court must "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1). The district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. The district court is not required to review 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). Nonetheless, when no objections are filed, many courts seek to satisfy themselves "that there is no clear error on the face of the record." Fed. R. Civ. P. 72(b) advisory committee note (1983 Addition); see also Edwards v. Town of Huntington, No. 05-CV-339, 2007 WL 2027913, at *2 (E.D.N.Y. July 11, 2007).
First Unum challenges Magistrate Judge Azrack's (1) denial of relief for the overpayment of plan benefits caused by Alleyne's receipt of worker's compensation benefits; (2) recommendation regarding the method and timing of the payment of judgment; and (3) denial of costs. This Court reviews these issues de novo. First, Alleyne's default does not preclude this Court from reviewing whether, taking as true the allegations in the complaint, First Unum has stated a claim for relief. Second, section 502(a)(3) of ERISA authorizes only equitable, as opposed to legal, relief. Third, First Unum has not stated a claim for equitable relief with respect to the overpayment that resulted from Alleyne's receipt of worker's compensation benefits. Fourth, this Court calculates Alleyne's liability for the overpayment that resulted from Alleyne's receipt of Social Security benefits. Fifth, First Unum has not offered any reason that it should be awarded costs.Additionally, this Court has reviewed the portions of the report and recommendation to which neither party has objected and concludes that the recommendations are not clearly erroneous.
A. On a Motion for a Default Judgment, This Court May Review Whether the Well-Pleaded Allegations State a Claim for Relief
First Unum's argument that Alleyne's default precludes this Court from denying relief is without merit. "While a default constitutes an admission of all the facts 'well pleaded' in the complaint, it does not admit any conclusions of law alleged therein, nor establish the legal sufficiency of any cause of action." In re Indus. Diamonds Antitrust Litig., 119 F. Supp. 2d 418, 420 (S.D.N.Y. 2000). With respect to the rulings in the report and recommendation to which First Unum objects, this Court reviews de novo whether the well-pleaded allegations state a claim for relief.
B. Section 502(a)(3) of ERISA Authorizes Only Equitable Relief
Section 502(a)(3) of the Employee Retirement Income Security Act authorizes equitable relief to redress violations of and enforce the terms of ERISA:
A civil action may be brought (3) by a participant, beneficiary, or fiduciary (A) to enjoin any act or practice which violates any provision of this subchapter or the terms of the plan, or (B) to obtain other appropriate equitable relief (i) to redress such violations or (ii) to enforce any provisions of this subchapter or the terms of the plan.
29 U.S.C. § 1132(a). The phrase "equitable relief" refers to the relief typically available in equity during the time of the divided bench. Mertens v. Hewitt Assocs., 508 U.S. 248, 256, 113 S.Ct. 2063, 2069 (1993). Some forms of restitution are equitable in nature, whereas others constitute legal relief. Great-West Life & Annuity Ins. Co. v. Knudson, 534 U.S. 204, 217, 122 S.Ct. 708, 716 (2002). In an action for restitution at law, the plaintiff seeks to impose personal liability on the defendant to recover a sum of money for a benefit that the plaintiff conferred on the defendant. Id. at 213, 122 S.Ct. at 714. In an action for restitution in equity, the plaintiff seeks to impose a constructive trust or an equitable lien on "money or property identified as belonging in good conscience to the plaintiff [that can] clearly be traced to particular funds or property in the defendant's possession." Id. An equitable lien sought as a matter of restitution, however, is a form of relief distinct from an equitable lien imposed by agreement. Sereboff v. Mid Atl. Med. Servs., Inc., 547 U.S. 356, 364--65, 126 S.Ct. 1869, 1875 (2006). The strict tracing rules that apply to equitable liens of restitution do not apply to equitable liens by agreement. Id. at 365, 126 S.Ct. at 1875--76.
C. First Unum May Not Recover for Overpayment that Resulted from Alleyne's Receipt of Worker's Compensation Benefits
First Unum challenges Magistrate Judge Azrack's ruling that it cannot recover from Alleyne the overpayment of plan benefits to him that resulted from Alleyne's receipt of worker's compensation benefits. After reviewing the issue de novo, this Court agrees with the ruling of Magistrate Judge Azrack. First Unum may not recover any overpayment of plan benefits caused by the receipt of worker's compensation benefits because First Unum has not identified a particular fund, as distinguished from Alleyne's general assets, ...