United States District Court, E.D. New York
March 21, 2014
BAKERY AND CONFECTIONERY UNION AND INDUSTRY INTERNATIONAL PENSION FUND, et al., Plaintiffs,
GES BAKE SHOP, INC., d/b/a Strauss, Defendant.
ELISE S. FELDMAN, ESQ., PATRICIA MCCONNELL, ESQ., MELISSA S. WOODS, ESQ., Meyer Suozzi English & Klein, P.C., New York, NY, for the Plaintiff.
MEMORANDUM AND ORDER
FREDERIC BLOCK, Senior District Judge.
On March 6, 2014, Magistrate Judge Cheryl L. Pollak issued a Report and Recommendation ("R&R") recommending that plaintiffs' motion for default judgment be granted and that judgment be entered against defendant Ges Bake Shop, Inc. in the total amount of $237, 597.93, as follows:
(i) $211, 760 in unpaid withdrawal liability;
(ii) $14, 406.93 in interest on the unpaid amount;
(iii) $2, 117.60 in liquidated damages;
(iv) $8, 646.00 in attorney's fees; and
(v) $667.40 in costs.
The R&R that "[a]ny objections to this Report and Recommendation must be filed with the Clerk of the Court, with a copy to the undersigned, within fourteen (14) days of receipt of this Report. Failure to file objections within the specified time waives the right to appeal the District Court's order." R&R at 20-21. A copy of the R&R was served on defendants on March 6, 2014. To date, no objections have been filed.
Where, as here, 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 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).
As no error appears on the face of Magistrate Judge Pollak's R&R, the Court adopts it without de novo review. Accordingly, the Court directs the Clerk to enter judgment against defendant, Ges Bake Shop, Inc., in favor of plaintiffs in the amount of $237, 597.93. Post-judgment interest shall accrue pursuant to 28 U.S.C. § 1961.