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Local #46 Metallic Lathers Union and Reinforcing Iron Workers Integrated Structures, Corp v. Welfare Trust

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


September 25, 2012

LOCAL #46 METALLIC LATHERS UNION AND REINFORCING IRON WORKERS INTEGRATED STRUCTURES, CORP., PLAINTIFFS,
v.
WELFARE TRUST, ET AL., DEFENDANT.

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

MEMORANDUM AND ORDER

On September 6, 2012, Magistrate Judge Pohorelsky issued a Report and Recommendation ("R&R") recommending that the Court deny the plaintiffs' motion for default judgment as originally filed, and deem the motion to have been re-filed as of July 30, 2012, the date upon which the plaintiffs satisfied the procedural requirements for making such a motion. According to the docket, objections were to be filed by September 24, 2012. To date, no objections have been filed.

When no objections are filed, the Court reviews an R&R for clear error. See Eisenberg v. New England Motor Freight, Inc., 564 F. Supp. 2d 224, 226 (S.D.N.Y. 2008) (district courts may adopt a report and recommendation "to which no [] objection is made, as long as the factual and legal bases supporting the findings and conclusions set forth . . . are not clearly erroneous or contrary to law."). The Court has reviewed the R&R and finds no error, clear or otherwise. The Court therefore adopts the R&R in its entirety and directs the Clerk to enter judgment accordingly.

SO ORDERED.

FREDERIC BLOCK Senior United States District Judge

20120925

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