"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."
How later courts described this case
- "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."
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
BOARD OF TRUSTEES OF THEUNITED
FURNITURE PENSION FUND A,
Plaintiff, 21 CIVIL 9172
-against- DEFAULT JUDGMENT
PREMIER RESTORATION TECHNOLOGIES,
Defendant.
wenn K
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons
stated in the Court's Order dated August 11, 2022, the R&R is adopted in full and Plaintiff's
motion for default judgment is GRANTED. Judgment is entered against the Defendant in the
amount of $1,387,104.00, plus interest accruing at a rate of $380.03 per day from March 1, 2021,
until the date judgment is entered, in the amount of $201,415.90. Because the R&R gave the
parties adequate warning, see Dkt. 23 at 8, the failure to object to the R&R precludes appellate
review of this decision. 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.").
Dated: New York, New York
August 12, 2022
RUBY J. KRAJICK
Clerkof Court
BY: K Mange
Deputy Clerk