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Multi-Link Container Line LLC v. Russell-Newman

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


July 17, 2012

MULTI-LINK CONTAINER LINE LLC, PLAINTIFF,
v.
RUSSELL-NEWMAN, INC., DEFENDANTS.

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

MEMORANDUM AND ORDER

On June 29, 2012, Magistrate Judge Levy issued a Report and Recommendation ("R&R") recommending that the Court award plaintiff a default judgment against defendant in the total amount of $111,805.96 in damages, consisting of $104,442.61 in unpaid invoices, $6,953.30 in interest, and $410 in costs. See R&R at 3. The R&R also stated that defendant's failure to object within fourteen days would preclude the District Court's review. See id. at 5. Plaintiff's attorney mailed a copy of the R&R to defendant on June 29, 2012 via first class mail; 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

20120717

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