Arch Specialty Insurance Company v. AB Capstone Builders Corp.

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

ARCH SPECIALTY INSURANCE

COMPANY,

Plaintiff, MEMORANDUM AND ORDER

Case No. 24-CV-3522 -against-

AB CAPSTONE BUILDERS CORP.,

Defendant. For the Plaintiff: VITALY VILENCHIK DAC Beachcroft LLP 55 Broadway, Suite 1602 New York, NY 10006

BLOCK, Senior District Judge: On July 18, 2024, the Court referred to Magistrate Judge Vera M. Scanlon a motion for default judgment by Arch Specialty Insurance Company (“Plaintiff” or “Arch”) in this breach-of-contract action against AB Capstone Builders Corp. (“Defendant” or “AB Capstone”). On March 14, 2025, Magistrate Judge Scanlon issued a Report & Recommendation (“R&R”) recommending the Court grant Plaintiff’s motion. The R&R gave the parties fourteen days to file objections, i.e., until March 28, 2025, and warned that “[f]ailure to file objections within fourteen days will preclude further review of this [R&R].” ECF No. 16, at 16. No objections have been filed. If clear notice has been given of the consequences of failing to object, and there are no objections, the Court may adopt the R&R without de novo review. See Thomas

v. Arn, 474 U.S. 140, 149-50 (1985); Smith v. Campbell, 782 F.3d 93, 102 (2d Cir. 2015) (“Where parties receive clear notice of the consequences, failure to timely object to a magistrate’s report and recommendation operates as a waiver of further

judicial review of the magistrate’s decision.” (citations omitted)). The Court will, however, 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 error, plain or otherwise, appears on the face of the R&R. Accordingly, the Court adopts the R&R without de novo review. The Court enters judgment against Defendant for $122,656.14, with pre-judgment interest on that amount

accruing from May 1, 2022, plus an additional $583.10 in costs to Plaintiff.

SO ORDERED. _/S/ Frederic Block___________ FREDERIC BLOCK Senior United States District Judge Brooklyn, New York March 31, 2024