Masino et al v. Aggregates Plus Ltd.

Filing 23

MEMORANDUM AND ORDER: The Court adopts the R&R without de novo review and directs the Clerk to enter judgment in accordance with the R&R. Forwarded for judgment. Ordered by Senior Judge Frederic Block on 8/30/2011. (Chee, Alvin)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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VINCENT MASINO, et al.,
Plaintiff,
-against-

MEMORANDUM AND ORDER
Case No. ll-CV-00449 (FB) (RER)

AGGREGATES PLUS LTD.,
Defendant.

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Appearances:
For the Plaintiff:
CHARLES R. VIRGINIA, ESQ.
Virginia & Ambinder, LLP
111 Broadway, 24th Floor - Suite 1403
New York, New York 10006
BLOCK, Senior District Judge:
On August 2, 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 $27,522.80, consisting of $19,156.30 in delinquent
contributions, $2,808.75 in accrued interest, $2,808.75 in liquidated damages, and $2,749 in
attorneys' fees and costs. See R&R at12. 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 August 4, 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 clearnotice
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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,219F.3d 162, 174 (2dCir. 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.

s/ Judge Frederic Block

SO ORDERED.

Senior United Sta es District Judge
Brookl}l}l, NY
August~ 2011

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