Peleus Insurance Company v. Structureline Inc. et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
PELEUS INSURANCE COMPANY,
Plaintiff,
-against-
STRUCTURELINE INC. and ANGEL
C. TACURI BRITO,
Defendant.
MEMORANDUM AND ORDER
Case No. 1:23-cv-1223 (FB) (RML)
BLOCK, Senior District Judge:
Magistrate Judge Levy issued a report and recommendation (“R&R”)
recommending that a default judgment be entered in this case, granting Peleus
Insurance Company its requested declaratory judgment. The R&R gave the parties 14
days to file objections and warned that “[f]ailure to file objections within the specified
time waives the right to judicial review.” R&R at 6. It was served by regular mail and
e-mail on December 1, 2025, making objections due on December 18, 2025. See Fed.
R. Civ. P. 6(d). No objections have been filed.
Where clear notice has been given of the consequences of failure 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); 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
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further judicial review of the magistrate’s decision.”). 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, so the Court adopts
it without de novo review. Accordingly, the Clerk shall enter judgment declaring that
Peleus Insurance Company does not have a contractual duty to defend or indemnify
Structureline Inc. in connection with the case entitled Angel C. Tacuri Brito v. Noa-Lior
LLC and Structureline Inc., Index No. 803418/2021E, in New York State Supreme
Court, Bronx County.
SO ORDERED.
_/S/ Frederic Block__________
FREDERIC BLOCK
Senior United States District Judge
Brooklyn, New York
February 2, 2026
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