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LIBERTY MUTUAL INSURANCE COMPANY, Plaintiff, v. FAST LANE CAR SERVICE, INC., VIRJILIO LAJARA, ELIS AGENCY INC., and IRINA GITSIN, Defendants.

MEMORANDUM AND ORDER

FREDERIC BLOCK, District Judge

On January 5, 2010, Magistrate Judge Cheryl L. Pollak issued a Report and Recommendation ("R R") recommending that Plaintiff Liberty Mutual Insurance Company ("Liberty") be awarded damages for unpaid insurance premiums in the amount of $174,193.00 from Defendants Fast Lane Car Service, Inc., and Virjilio Lajara (collectively, "Fast Lane"). The R R also recommends that Liberty be awarded prejudgment interest on this sum at 9% per annum from July 1, 2005, plus post-judgment interest in accordance with 28 U.S.C. § 1961(a). The R R also stated that failure to object within fourteen days of receipt of the R R would waive any right to further judicial review. See R R at 17, Docket Entry No. 37. According to the docket, Fast Lane's counsel received electronic notice of the R R on January 6, 2010; no objections have been filed.

The Fast Lane defendants are the only remaining defendants; Elis Agency, Inc. and Irina Gitsin entered into a stipulated dismissal with prejudice on April 10, 2008. See Docket Entry No. 18.

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 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 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 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.

SO ORDERED.

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LIBERTY MUTUAL INSURANCE CO. v. FAST LANE CAR SERV
(Jan 26, 2010)