Trustees of the Pavers and Road Builders District Council Welfare Fund, Annuity Fund, Apprenticeship, Skill Improvement and Safety Fund and Pension Funds v. VIF Corp.

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Plaintiff's motion for default judgment is granted, and costs and damages are awarded as set forth in the magistrate judge's Report and Recommendation. The Clerk of the Court is directed to close the case. Ordered by Judge Sterling Johnson, Jr on 9/23/2015. (Greene, Donna)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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TRUSTEES OF THE PA VERS AND ROAD
BUILDERS DISTRICT COUNCIL WELFARE,
PENSION, ANNUITY AND APPRENTICESHIP,
SKILL IMPROVEMENT AND SAFETY FUNDS,
Plaintiff,
14 CV 4923 (SJ) (MDG)
ORDER ADOPTING
REPORT AND
RECOMMENDATION

-againstVIF CORP.,
Defendant.

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APPEARANCES:
Virginia & Ambinder, LLP
40 Broad Street, 7th FL
New York, NY 10004
By:
Jesse S. Barton
Michael Howard Isaac
Attorneys for Plaintiff

JOHNSON, Senior District Judge:

Presently before the Court is a Report and Recommendation ("Report")
prepared by Magistrate Judge Marilyn D. Go.

Magistrate Judge Go issued the

Report on September 4, 2015, and directed any objections to the Report to be filed
by September 21, 2015, pursuant to 28 U.S.C. § 636(b)(l) and Federal Rule of Civil
Procedure 72(b).

None of the parties filed an objection to the Report. For the

reasons stated herein, this Court affirms and adopts the Report in its entirety.
I

A district court judge may designate a magistrate judge to hear and
determine certain motions pending before the Court and to submit to the Court
proposed findings of fact and a recommendation as to the disposition of the motion.
See 28 U.S.C. § 636(b)(l); Fed. R. Civ. P. 72(b). Within fourteen days of service of
the recommendation, any party may file written objections to the magistrate's
report.

See id. Upon de nova review of those portions of the record to which

objections were made, the district court judge may affirm or reject the
recommendations. See id. The Court is not required to review, under a de novo or
any other standard, the factual or legal conclusions of the magistrate judge as to
those portions of the report and recommendation to which no objections are
addressed. See Thomas v. Am, 474 U.S. 140, 150 (1985). In addition, failure to
file timely objections may waive the right to appeal this Court's Order. See 28
U.S.C. § 636(b)(l); Small v. Sec'y of Health and Human Servs., 892 F.2d 15, 16 (2d
Cir. 1989).

2

In this case, objections to Magistrate Judge Go's recommendations were due
on September 21, 2015. No objections to the Report were filed with this Court.
Upon review of the recommendations, this Court adopts and affirms Magistrate
Judge Go's Report in its entirety. Plaintiffs motion for default judgment is granted,
and costs and damages are awarded as set forth in the magistrate judge's Report and
Recommendation.

The Clerk of the Court is directed to close the case.

SO ORDERED.

Dated: September 23, 2015
Brooklyn, NY

Isl
Sterling Johnson, Jr., U.S.D.J.

3