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Liberty Mutual Insurance Co. v. Fast Lane Car Service

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


January 26, 2010

LIBERTY MUTUAL INSURANCE COMPANY, PLAINTIFF,
v.
FAST LANE CAR SERVICE, INC., VIRJILIO LAJARA, ELIS AGENCY INC., AND IRINA GITSIN, DEFENDANTS.

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

MEMORANDUM AND ORDER

On January 5, 2010, Magistrate Judge Cheryl L. Pollak issued a Report and Recommendation ("R&R") recommending that Plaintiff Liberty Mutual Insurance Company ("Liberty") be awarded damages for unpaid insurance premiums in the amount of $174,193.00 from Defendants Fast Lane Car Service, Inc., and Virjilio Lajara (collectively, "Fast Lane").*fn1 The R&R also recommends that Liberty be awarded prejudgment interest on this sum at 9% per annum from July 1, 2005, plus post-judgment interest in accordance with 28 U.S.C. § 1961(a). The R&R also stated that failure to object within fourteen days of receipt of the R&R would waive any right to further judicial review. See R&R at 17, Docket Entry No. 37. According to the docket, Fast Lane's counsel received electronic notice of the R&R on January 6, 2010; 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


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