Opinion
Case No. 10-CV-00284 (FB) (RER)
09-01-2011
Trustees of the LOCAL 7 TILE INDUSTRY WELFARE FUND, Trustees of the LOCAL 7 TILE INDUSTRY ANNUITY FUND, Trustees of the TILE LAYERS LOCAL UNION 52 PENSION FUND, Trustees of the BRICKLAYERS & TROWEL TRADES INTERNATIONAL PENSION FUND, and Trustees of the INTERNATIONAL MASONRY INSTITUTE, Plaintiffs, v. STEP ON IT FLOOR COVERING INC., Defendant.
Appearances: For the Plaintiff: CHARLES R. VIRGINIA, ESQ. JUDY WONG, ESQ. Virginia & Ambinder, LLP
MEMORANDUM AND ORDER
Appearances:
For the Plaintiff:
CHARLES R. VIRGINIA, ESQ.
JUDY WONG, ESQ.
Virginia & Ambinder, LLP
BLOCK, Senior District Judge:
On June 6, 2011, Magistrate Judge Reyes issued a Report and Recommendation ("R&R") recommending that the Court award default judgment against defendant in the total amount of $55,254.27, consisting of $32,140.67 in delinquent contributions, $8,739.52 in accrued interest, $9,199.08 in liquidated damages, $3,360 in auditing costs, and $1,815 in attorneys' fees and costs. See R&R at10. The R&R also stated that defendants' failure to object within fourteen days of receiving the R&R would preclude appellate review. See id. Plaintiff's attorney mailed a copy of the R&R to defendant on June 6, 2011; 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 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. Accordingly, the Court adopts the R&R without de novo review and directs the Clerk to enter judgment in accordance with the R&R,
SO ORDERED.
FREDERIC BLOCK
SENIOR UNITED STATES DISTRICT JUDGE
Brooklyn, NY
August 30 , 2011