Local 355 United Service Workers Union, IUJAT et al v. SR Mechanical Design Corp
MEMORANDUM and ORDER ADOPTING REPORT AND RECOMMENDATION: There being no error, plain or otherwise, appears on the face of MJ Kuo's Report and Recommendation 9 . Therefore, the Court adopts it without de novo review. The Clerk shall enter judgment accordingly. Ordered by Judge Frederic Block on 2/10/2017. (Innelli, Michael)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
LOCAL 355 UNITED SERVICE
INTERNATIONAL UNION OF
JOURNEYMEN AND ALLIED
TRADES; UNITED WELFARE FUND
– SECURITY DIVISION AND THE
TRUSTEES THEREOF; UNITED
WELFARE FUND – WELFARE
DIVISION AND THE TRUSTEES
MEMORANDUM AND ORDER
Case No. 15-CV-5196-FB-PK
-againstSR MECHANICAL DESIGN CORP.,
BLOCK, Senior District Judge:
On January 17, 2017, Magistrate Judge Kuo issued a Report and
Recommendation (“R&R”) recommending that the petitioners’ motion for a default
judgment be granted, and that a judgment in the total amount of $54,149.28 be entered
in their favor. The R&R advised that any objections “must be filed within 14
days of service of this report,” and that “[f]ailure to file objections within the specified
time waives the right to appeal any order or judgment entered based on [it].” R&R at
The R&R was served on the respondent on January 18, 2017, making objections
due on February 1, 2017. To date, no objections have been filed.
Where 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
Thomas v. Arn, 474 U.S. 140, 149-50 (1985); 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, however,
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 error, plain or otherwise, appears on the face of the R&R. Therefore, the
Court adopts it without de novo review. The Clerk shall enter judgment accordingly.
/S/ Frederic Block______________
Senior United States District Judge
Brooklyn, New York
February 10, 2017
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