Opinion
No. 04-CV-1623 (JS)(JO).
March 14, 2006
Bruce S. Levine, Cohen, Weiss and Simon LLP, New York, NY, For Plaintiff.
ORDER ADOPTING REPORT RECOMMENDATION
Upon review of the Report and Recommendation of Magistrate Judge James Orenstein, issued on February 10, 2006, to which no party has objected, the Court hereby ADOPTS the Report and Recommendation in its entirety. The Court GRANTS Plaintiffs' motion for a default judgment and awards Plaintiff $74,099.70 as compensation for: (1) $45,856.55 in unpaid contributions; (2) $10,769.20 in prejudgment interest on unpaid contributions; (3) $10,769.20 in liquidated damages; (4) $5,492.50 in attorneys' fees; and (5) $1,212.25 in costs.
Magistrate Judge Orenstein directed Plaintiffs to serve Defendant with a copy of the Report and Recommendation via certified mail. The Report and Recommendation provided that any objections were to be filed with the Clerk of the Court within ten (10) days of the date of service. Plaintiff has filed an affidavit of service, indicating that the Report and Recommendation was served on Defendant via first class and certified mail on February 15, 2006.
The time to object to the Report and Recommendation has expired. Accordingly, all objections are hereby deemed to have been waived. The Court therefore ADOPTS the Report and Recommendation and ORDERS that a default judgment be entered against Defendant in accordance with Magistrate Judge Orenstein's Report and Recommendation. Plaintiff is ORDERED to serve a copy of this Order upon Defendant via certified mail within ten days of the entry of this Order.
SO ORDERED