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Matsco v. Pattis

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


February 18, 2010

MATSCO, A DIVISION OF WELLS FARGO, N.A., PLAINTIFF,
v.
SUSAN MARIE PATTIS AND VIP VETERINARY HOSPITAL, P.C., DEFENDANT.

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

MEMORANDUM AND ORDER

On January 27, 2010, Magistrate Judge Gold issued a Report and Recommendation ("R&R") recommending that a default judgment be entered against defendant Susan Marie Pattis ("Pattis")*fn1 in the amount of $445,600.18, see R&R at 2, with interest accruing on $445,575.18 at a rate of 18 percent per annum from March 16, 2009, to the date judgment is entered, see id. at 2-3. The R&R also stated that failure to object within fourteen days would preclude appellate review. See id. at 6. Plaintiff's attorney mailed copies of the R&R to Pattis via regular and certified mail on January 28, 2010;*fn2 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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