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Thomas Gesualdi, Louis Bisignano, Dominick Marrocco, Anthony Pirozzi v. Loriann Trucking Co.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


August 29, 2012

THOMAS GESUALDI, LOUIS BISIGNANO, DOMINICK MARROCCO, ANTHONY PIROZZI,
JOSEPH A. FERRARA, SR., FRANK H. FINKEL, MARC HERBST, DENISE RICHARDSON,
THOMAS F. CORBETT, AND ATHONY D'AQUILA, AS TRUSTEES AND FIDUCIARIES OF THE LOCAL 282 WELFARE TRUST FUND, THE LOCAL 282 PENSION TRUST FUND, THE LOCAL 282 ANNUITY TRUST FUND, THE LOCAL 282 JOB TRAINING TRUST FUND, AND THE LOCAL 282 VACATION AND SICK LEAVE TRUST FUND, PLAINTIFFS,
v.
LORIANN TRUCKING CO., INC., DEFENDANT.

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

MEMORANDUM AND ORDER

On July 27, 2012, Magistrate Judge Orenstein issued a report and recommendation ("R&R") recommending that judgment be entered against the defendant, Loriann Trucking Co., Inc., in the total amount of $112,089.91. The R&R recited that "[a]ny objections to this Report and Recommendation must be filed no later than August 15, 2012," and that "[f]ailure to file objections within this period . . . waives the right to appeal the district court's order." R&R at 21-22. On July 30, 2012, the R&R was served on the defendant at its last known address. To date, 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 Thomas v. Arn, 474 U.S. 140, 149-50 (1985); 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, however, 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).

The R&R contains no error, let alone plain error. Accordingly, the Court adopts it without de novo review. The Clerk shall enter judgment accordingly.

SO ORDERED.

FREDERIC BLOCK Senior United States District Judge

20120829

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