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Annuity, Pension, Welfare and Training Funds of the International Union of Operating Engineers Local 14-14b, Afl-Cio v. Angel Construction Co.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


March 11, 2010

THE ANNUITY, PENSION, WELFARE AND TRAINING FUNDS OF THE INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 14-14B, AFL-CIO, ET AL., PLAINTIFFS,
v.
ANGEL CONSTRUCTION COMPANY, DEFENDANT.

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

ORDER ADOPTING REPORT AND RECOMMENDATION

Presently before the Court are two Reports and Recommendations ("Reports") prepared by Magistrate Judge James Orenstein. Judge Orenstein issued the first Report on September 8, 2009, to which no objections were filed. Judge Oreinstein supplemented the report on February 18, 2010, and provided that the parties shall file any objections by March 9, 2010. Neither party filed any objections to either Report. For the reasons stated herein, this Court affirms and adopts the Reports in their entirety.

A district court judge may designate a magistrate judge to hear and determine certain motions pending before the Court and to submit to the Court proposed findings of fact and a recommendation as to the disposition of the motion. See 28 U.S.C. § 636(b)(1). Within 10 days of service of the recommendation, any party may file written objections to the magistrate's report. See Id. Upon de novo review of those portions of the record to which objections were made, the district court judge may affirm or reject the recommendations. See Id.

The Court is not required to review, under a de novo or any other standard, 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). In addition, failure to file timely objections may waive the right to appeal this Court's Order. See 28 U.S.C. § 636(b)(1); Small v. Sec'y of Health and Human Servs., 892 F.2d 15, 16 (2d Cir. 1989).

In this case, the Reports were filed on September 8, 2009 and February 22, 2010, respectively, and the time to file objections has expired. Accordingly, upon review of the recommendations, this Court adopts and affirms Magistrate Judge Orenstein's Reports in their entirety. The Clerk of the Court is directed to close the case.

SO ORDERED.

20100311

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