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The Annuity, Pension, Welfare and Training Funds of the International v. Marbro Realty Co. Inc

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


August 14, 2012

THE ANNUITY, PENSION, WELFARE AND TRAINING FUNDS OF THE INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 14-14B, AFL-CIO BY ITS TRUSTEES EDWIN L. CHRISTIAN, CHRIS CONFREY, JOHN
CRONIN, DON DENARDO, RENZO COLLAVINO, DANIEL NOESGES, DENISE M. RICHARDSON, JOHN F. O'HARE, PLAINTIFF,
v.
MARBRO REALTY CO. INC., DEFENDANT.

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

MEMORANDUM AND ORDER

On July 16 2012, Magistrate Judge Reyes issued a Report and Recommendation ("R&R") recommending that the Court (1) issue an order directing defendant to cooperate with plaintiffs' audit request, and (2) award plaintiffs a default judgment against defendant in the amount of $2,978.61, consisting of $2,458.61 in attorneys' fees and $520.00 in costs. See R&R at 11. The R&R stated that defendant's failure to object within fourteen days of receipt would preclude the District Court's review. See id. at 12. Plaintiff's attorney mailed a copy of the R&R to defendant on July 30, 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

20120814

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