Trustees of the Metal Polishers Local 8A-28A Funds v. Intex Marble & Metal Inc.

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS : the Court adopts the findings and recommendations contained in the well-reasoned and thorough R&R in their entirety. Accordingly, IT IS HEREBY ORDERED that plaintiff is awarded damages in the total amount of $41,909.08, plus additional daily interest and liquidated damages. IT IS FURTHER ORDERED that plaintiff serve a copy of this Order on defendant. Ordered by Judge Joseph F. Bianco on 3/16/2018. (Bollbach, Jean)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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TRUSTEES OF THE METAL POLISHERS
LOCAL 8A-28A FUNDS,
Plaintiff,

ORDER
17-CV-159 (JFB)(SIL)

-againstINTE){ MARBLE & METAL INC.,

FILED

IN CLERK'S OFFICE
U.S. DISTRICT COURT E,D.N.Y.

Defendant.

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JOSEPH F. BIANCO, District Judge:

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MAR 16 2018

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LONG ISLAND OFFICE

On June 21, 2017, the Court issued an Order granting plaintiffs motion for entry of
default judgment against defendant, and referring this matter to Magistrate Judge Steven I. Locke
for a Report and Recommendation to address the issue of damages and other relief sought by
plaintiff. On February 7, 2018, Magistrate Judge Steven I. Locke issued a Report and
Recommendation (the "R&R," ECF No. 16) recommending that plaintiff be awarded damages in
the total amount of $41,909.08, plus additional daily interest and liquidated damages. The R&R
was served on plaintiff on February 23, 2018. (ECF No. 17.) The R&R instructed that any
objections to the R&R be submitted within fourteen (14) days of service of the R&R. (R&R at
11.) The date for filing any objections has thus expired, and defendant has not filed any
objection to the R&R. For the reasons set forth below, the Court adopts the thorough and wellreasoned R&R in its entirety and awards plaintiff damages in the total amount of $41,909.08,
plus additional daily interest and liquidated damages.
Where there are no objections to a report and recommendation issued by a magistrate
judge, the Court may adopt the report and recommendation without de novo review. See Thomas

v. Arn, 474 U.S. 140, 150 (1985) ("It does not appear that Congress intended to require district
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court review of a magistrate's factual or legal conclusions, under a de novo or any other standard,
when neither party objects to those findings."); see also 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."); cf 28 U.S.C. § 636(b)(l)(c) and Fed. R. Civ. P.
72(b)(3) (requiring de novo review after objections). However, because the failure to file timely
objections is not jurisdictional, a district judge may still excuse the failure to object in a timely
manner and exercise its discretion to decide the case on the merits to, for example, prevent plain
error. See Cephas v. Nash, 328 F.3d 98, 107 (2d Cir. 2003) ("[B]ecause the waiver rule is non
jurisdictional, we 'may excuse the default in the interests of justice."' (quoting Thomas, 474 U.S.
at 155)).
Although defendant has waived any objection to the R&R and thus de novo review is not
required, the Court has conducted a de novo review of the R&R in an abundance of caution.
Having conducted a review of the Complaint, the motion papers, and the applicable law, and
having reviewed the R&R de novo, the Court adopts the findings and recommendations
contained in the well-reasoned and thorough R&R in their entirety. Accordingly,
IT IS HEREBY ORDERED that plaintiff is awarded damages in the total amount of
$41,909.08, plus additional daily interest and liquidated damages.
IT IS FURTHER ORDERED that plaintiff serve a copy of this Order on defendant.

Dated:

March 16, 2018
Central Islip, New York
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