Trs. of the Bldg. Trades Educ. Benefit Fund v. Preferred Elec. Ii, Inc.

JOSEPH F. BIANCO, District Judge

ORDER JOSEPH F. BIANCO, District Judge:

On October 2, 2017, this Court entered default judgment against defendants and referred the matter to Magistrate Judge Anne Y. Shields for a Report and Recommendation to address the issue of damages and other relief sought by plaintiff. (ECF No. 20.) On January 3, 2018, Judge Shields issued a Report and Recommendation (the "R&R"), recommending that plaintiffs be awarded $25,364.78, representing $16,344.45 in unpaid contributions, $960.33 for interest on the unpaid contributions, $243 in audit interest, $3,073.00 in liquidated damages, $2,600.00 for attorney's fees, and $2,144.00 for other costs. (ECF No. 21.) A copy of the R&R was served on defendants on January 3, 2018. (ECF No. 22.) Judge Shields directed that any objections to the R&R be filed within fourteen (14) days of service of the R&R. (ECF No. 21 at 6.) The deadline has since passed, and no party has filed an objection.

Where there are no objections, the Court may adopt a 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 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)(1)(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)).

Having conducted a review of the full record and the applicable law, and having reviewed the R&R for clear error, the Court adopts the findings and recommendations contained in the R&R in their entirety.

Accordingly, IT IS HEREBY ORDERED that plaintiffs are awarded $25,364.78, representing $16,344.45 in unpaid contributions, $960.33 for interest on the unpaid contributions, $243 in audit interest, $3,073.00 in liquidated damages, $2,600.00 for attorney's fees, and $2,144.00 for other costs.

IT IS FURTHER ORDERED that plaintiffs shall serve a copy of this Order on defendants and file proof of service with the Court.

SO ORDERED.

/s/_________

JOSEPH F. BIANCO

UNITED STATES DISTRICT JUDGE Dated: February 1, 2018

Central Islip, New York