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New Son Yeng Produce, Inc. v. United One Transport, Inc

United States District Court, Eastern District of New York

March 27, 2015

NEW SON YENG PRODUCE, INC., Plaintiff,
v.
UNITED ONE TRANSPORT, INC., and JOHN DOE, person intended to be employed or engaged by the corporate defendant to operate the truck in this, Defendants.

For the Plaintiff: LEONARD KREINCES.

MEMORANDUM AND ORDER

FREDERIC BLOCK, Senior United States District Judge.

On March 9, 2015, Magistrate Judge Go issued a Report and Recommendation (“R&R”) recommending that default judgment be entered against defendant United One Transport, Inc. (“United One”) in the amount of $28, 752.78, consisting of $28, 352.78 in damages and $400 in costs, plus prejudgment interest of $67.65. See R&R at 12-13. The R&R provided that failure to object within fourteen days of receipt would preclude appellate review. See Id. at 17. A copy of the R&R was mailed to United One on March 9, 2015. 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)

Magistrate Judge Go’s R&R contains no error, let alone plain error. However, its calculation of prejudgment interest is based on a judgment date of March 31, 2015. Prejudgment interest through today’s date is $67.23. Accordingly, the Court adopts the R&R without de novo review and directs the Clerk to enter judgment against defendant United One in favor of plaintiff in the amount of $28, 752.78, plus prejudgment interest of $67.23 and postjudgment interest calculated pursuant to 28 U.S.C. § 1961.

SO ORDERED.


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