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Juan Jose Santillan, Individually and v. Walter Henao and Custom Stainless Steel Corp.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


September 30, 2011

JUAN JOSE SANTILLAN, INDIVIDUALLY AND
ON BEHALF OF OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
WALTER HENAO AND CUSTOM STAINLESS STEEL CORP.
DOING BUSINESS AS CENTER'S RESTAURANT EQUPIMENT, DEFENDANTS.

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

MEMORANDUM AND ORDER

On September 12, 2011, Magistrate Judge Go issued a Report and Recommendation ("R&R") recommending that the Court award default judgment against defendants in the total amount of $60,193.42, consisting of $44,242.94 in damages for unpaid overtime wages, spread of hours pay and liquidated damages under the FLSA and Labor Law, $7,734 in prejudgment interest up to September 30, 2011 and at a daily rate of $4.81 per day until entry of judgment, $7,770 in attorneys' fees and $440 in costs. See R&R at 27. The R&R also stated that defendants' failure to object by September 29, 2011 would preclude appellate review. See id. All parties received notice of the R&R, electronically or by regular mail, on the date it was filed. See id.

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

20110930

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