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Trustees of Empire State Carpenters Annuity v. Tri-State Acoustics Corporation

United States District Court, E.D. New York

September 11, 2014

TRUSTEES OF EMPIRE STATE CARPENTERS ANNUITY, APPRENTICESHIP, LABOR-MANAGEMENT COOPERATION, PENSION AND WELFARE FUNDS, Plaintiffs,
v.
TRI-STATE ACOUSTICS CORPORATION, Defendant.

CHARLES R. VIRGINIA, ESQ., RICHARD B. EPSTEIN, ESQ., ELINA TURETSKAYA, ESQ., Virginia & Ambinder, LLP, New York, NY, for the Plaintiff.

MEMORANDUM AND ORDER

FREDERIC BLOCK, Senior District Judge.

On July 1, 2014, Magistrate Judge Pollak issued a Report and Recommendation ("R&R") recommending that default judgment be entered against the defendant in the amount of $58, 832.22, consisting of $38, 286.10 in unpaid contributions, $10, 340.40 in interest, $7, 657.22 in liquidated damages, $2, 148.50 in fees and $400.00 in costs. R&R at 22. The R&R directed plaintiffs to serve defendant with a copy of the R&R and provided that failure to object within fourteen days of receipt would preclude appellate review. See id. Defendant was served a copy of the R&R by mail on July 1, 2014. 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 Mario v. P & C Food Mkts., Inc., 313 F.3d 758, 766 (2d Cir. 2002) ("Where parties receive clear notice of the consequences, failure to 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. However, the interest calculation must be updated to account for the passage of time since the R&R was issued. From the date of the R&R, to the date of this Order, the total amount of interest accrued is $962.14. Accordingly, the Court adopts the R&R without de novo review, and directs the Clerk to enter judgment in the total amount of $59, 794.36.

SO ORDERED.


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