UNITED STATES DISTRICT COURT EDLOECC #T:R ONIC ALLY FILED SOUTHERN DISTRICT OF NEW YORK DATE FILED: 08/11 /2022 -----------------------------------------------------------------X BOARD OF TRUSTEES OF THE UNITED : FURNITURE PENSION FUND A, : 21-CV-9172 : Plaintiff, : -against - : ORDER ADOPTING : REPORT & PREMIER RESTORATION TECHNOLOGIES, : RECOMMENDATION : Defendant. : : ----------------------------------------------------------------- X VALERIE CAPRONI, United States District Judge: WHEREAS on November 5, 2021, Plaintiff Board of Trustees of the United Furniture Pension Fund A filed a complaint against Defendant Premier Restoration Technologies, Dkt. 1; WHEREAS on November 12, 2021, Judge Alison Nathan, to whom this case was then assigned,1 referred the case to Magistrate Judge Gorenstein for general pretrial management, Dkt. 3;; WHEREAS on February 8, 2022, Judge Gorenstein issued an Order to Show Cause after Plaintiff failed to file proof of service after the ninety-day period for service provided by Federal Rule of Civil Procedure 4(m) had lapsed, Dkt. 4; WHEREAS on February 22, 2022, Plaintiff provided proof of service indicating that the Defendant waived the service of summons on December 22, 2021, Dkt. 5, 6; WHEREAS on February 25, 2022, because Defendant had failed to respond to the Complaint, Judge Gorenstein ordered Plaintiff to file a motion for default judgment no later than March 18, 2022, Dkt. 7; 1 Upon Judge Nathan’s elevation to the Second Circuit, the case was reassigned to the Undersigned on April 10, 2022. WHEREAS on March 17, 2022, the Clerk of Court issued a Certificate of Default, Dkt. 11; WHEREAS on March 18, 2022, Plaintiff filed a Motion for Default Judgment, Dkt. 12, to which Defendant did not respond; WHEREAS on March 22, 2022, Judge Nathan amended the Order of Reference to include dispositive motions, Dkt. 15; WHEREAS on June 28, 2022, Judge Gorenstein entered an R&R, recommending that the Court grant Plaintiff’s motion and award Plaintiff the requested default judgment 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, Dkt. 23 at 8; WHEREAS in the R&R, Judge Gorenstein found, based on Plaintiff’s submissions, that Defendant failed to uphold its obligation to invest monthly contributions into Plaintiff’s multi- employer pension plan, and consequently, withdrew from the plan, id. at 3–4; WHEREAS Judge Gorenstein further found that Defendant is subject to withdrawal liability pursuant to ERISA in the amount of $1,720,641.00, id. at 4 (citing 29 U.S.C. § 1339(c)(5)), and liquidated damages in the amount of $231,184.00 pursuant to 29 U.S.C. §§1132(g)(2), 1451(b), id. at 7; WHEREAS in the R&R, Judge Gorenstein notified the parties that, pursuant to 28 U.S.C. §636(b)(1) and Federal Rule of Civil Procedure 72(b), they had fourteen days to file written objections to the R&R’s findings, id. at 8; WHEREAS Judge Gorenstein further noted that failure to object would result in both the waiver of objections and the preclusion of appellate review, id.; WHEREAS no party objected; WHEREAS in reviewing an R&R, a district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge,” 28 U.S.C. § 636(b)\1NC); WHEREAS when, as here, no party objects to the R&R, the Court may accept the R&R provided that “there is no clear error on the face of the record,” Heredia v. Doe, 473 F. Supp. 2d 462, 463 (S.D.N.Y. 2007) (quoting Nelson v. Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y. 1985)); see also Fed. R. Civ. P. 72(b) advisory committee’s note; WHEREAS an error is clear when the reviewing court is left with a “definite and firm conviction that a mistake has been committed,” see Cosme v. Henderson, 287 F.3d 152, 158 (2d Cir. 2002) (quoting McAllister v. United States, 348 U.S. 19, 20 (1954)); and WHEREAS careful review of the R&R reveals that there is no clear error. IT IS HEREBY ORDERED that the R&R is adopted in full and Plaintiff's motion for default judgment is GRANTED. The Clerk of Court is respectfully directed to enter judgment 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, to terminate all open motions, and to close the case. IT IS FURTHER ORDERED that 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.”). SO ORDERED. Viki (6 Date: August 11, 2022 VALERIE CAPRONI New York, NY United States District Judge