Opinion

Board of Trustees of the United Furniture Pension Fund A v. Premier Restoration Technologies

Court
District Court, S.D. New York
Filed
Aug 12, 2022
Cited by
0 cases
Authority
More cited than 27.5%

"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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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