Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, Skill Improvement and Safety Funds et al v. Arbor Concrete Corp.

Filing 21

MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court adopts the MJ Levy's Report & Recommendation 19 dated 12/14/15 without de novo review and directs the Clerk of the Court to enter judgment in accordance with the Report and Recommendation. Ordered by Judge Frederic Block on 1/5/2016. (mji)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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TRUSTEES OF THE PAVERS AND
ROAD BUILDERS DISTRICT COUNCIL
WELFARE, PENSION, ANNUITY AND
APPRENTICESHIP, SKILL
IMPROVEMENT AND SAFETY FUNDS MEMORANDUM AND ORDER
and THE HIGHWAY, ROAD, AND
15-CV-2481 (FB) (RML)
STREET CONSTRUCTION LABORERS
LOCAL UNION 1010,
Plaintiffs,
-againstARBOR CONCRETE CORP.,
Defendant.
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Appearances:
For the Plaintiffs:
NICOLE MARIMON
MICHAEL HOWARD ISAAC
Virginia & Ambinder, LLP
40 Broad Street
New York, NY 10004
BLOCK, Senior District Judge:
On December 15, 2015, Magistrate Judge Robert M. Levy issued a Report and
Recommendation (“R&R”) recommending that a default judgment be entered against
Arbor Concrete Corp., and that Plaintiffs be awarded $37,204.06 in damages, fees,
and costs, plus interest on the award of unpaid contribution and liquidated damages
in an amount equal to that interest. The R&R further provided that failure to object

within fourteen days would preclude appellate review. To date, no objections have
been filed.
If clear notice has been given of the consequences of the 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 to timely 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 a 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 of the Court to enter judgment in
accordance with the R&R.
SO ORDERED.

/S/ Frederic Block_______
FREDERIC BLOCK
Senior United States District Judge
Brooklyn, New York
January 5, 2016

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