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Board of Trustees of the Insurance v. Midtown Neon Sign Corp.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


April 20, 2010

BOARD OF TRUSTEES OF THE INSURANCE, ANNUITY, SCHOLARSHIP, AND APPRENTICESHIP TRAINING FUNDS OF SHEETMETAL WORKERS' INTERNATIONAL ASSOCIATION, LOCAL UNION NO. 137, PLAINTIFFS,
v.
MIDTOWN NEON SIGN CORP., DEFENDANT.

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

MEMORANDUM AND ORDER

On March 10, 2010, Magistrate Judge Gold issued a Report and Recommendation ("R&R") recommending that a default judgment be entered against defendant in the amount of $16,875.51 in unpaid contributions, $3,375.10 in liquidated damages, and $3,590 in attorney's fees and costs. See R&R at 5. The R&R also recommended that plaintiffs be awarded interest on the $16,875.51 in unpaid contributions, calculated at the rate of 10 percent per annum, beginning February 15, 2009. See id. The R&R stated that failure to object within fourteen days would preclude appellate review. See id. Attorney for plaintiffs mailed a copy of the R&R to defendant on March 11, 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

20100420

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