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Fireman's Fund Insurance Co. v. Never Stop Trucking

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


October 9, 2009

FIREMAN'S FUND INSURANCE COMPANY, AS SUBROGEE OF QUALITY KING DISTRIBUTORS, INC., PLAINTIFF,
v.
NEVER STOP TRUCKING, INC., DEFENDANTS.

The opinion of the court was delivered by: Block, Senior District Judge

MEMORANDUM AND ORDER

On July 31, 2009, Magistrate Judge Reyes issued a Report and Recommendation ("R&R") recommending that the Court enter a default judgment against defendant in the amount of $361,650.52 plus interest. See R&R at 8. The R&R also stated that failure to object within ten days would preclude appellate review. See id. Attorney for plaintiffs mailed a copy of the R&R to defendant on July 31, 2009; no objections have been filed.

If clear notice has been given of the consequences of failure to object, and there are no objections, the Court may adopt the R&R without de novo review. See Mario v. P & C Food Mkts., Inc., 313 F.3d 758, 766 (2d Cir. 2002) ("Where parties receive clear notice of the consequences, failure timely to object to a magistrate's report and recommendation operates as a waiver of further judicial review of the magistrate's decision."). The Court will excuse the failure to object and conduct de novo review if it appears that the magistrate judge may have committed plain error, see Spence v. Superintendent, Great Meadow Corr. Facility, 219 F.3d 162, 174 (2d Cir. 2000); no such error appears here. Accordingly, the Court adopts the R&R without de novo review and directs the Clerk to enter judgment in accordance with the R&R.

SO ORDERED.

FREDERIC BLOCK Senior United States District Judge

20091009

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