MEMORANDUM AND ORDER

FREDERIC BLOCK, District Judge

On February 21, 2008, Magistrate Judge Levy issued a Report and Recommendation ("R R") recommending plaintiffs be permitted to conduct an audit of defendant's books and records for the period from August 29, 2003 through June 30, 2006, as well as $2,098.75 in attorney's fees and costs. See R R at 7. The R R also stated that failure to object within ten days would preclude appellate review. See id. According to the docket, the Clerk's office mailed a copy of the R R to defendant on February 21, 2008. No objections to the R R 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.