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Dunkin' Donuts Inc. v. Peter Romanofsky

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


September 25, 2006

DUNKIN' DONUTS INCORPORATED AND BASKIN-ROBBINS USA, CO., PLAINTIFFS,
v.
PETER ROMANOFSKY, INC., DEFENDANT.

The opinion of the court was delivered by: Johnson, Senior District Judge

ORDER

Before the Court is a Report and Recommendation (the "Report"), prepared by Magistrate Judge Joan M. Azrack*fn1 in response to an order of this Court dated February 16, 2006. Judge Azrack filed the Report on August 8, 2006, and provided the parties until August 22, 2006, to file any objections. No objections have been filed.

A district court judge may designate a magistrate judge to hear and determine certain motions pending before the Court and to submit to the Court proposed findings of fact and a recommendation as to the disposition of the motion. See 28 U.S.C. § 636(b)(1). Within 10 days of service of the recommendation, any party may file written objections to the magistrate's report. Id. Upon de novo review of those portions of the record to which objections were made, the district court judge may affirm or reject the recommendations. Id. The Court is not required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the report and recommendation to which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 150 (1985).

As mentioned, no objections were filed within the allotted time period. Upon review, the Court adopts and affirms the Report in its entirety.

The Clerk of the Court is hereby directed to enter JUDGMENT in favor of Plaintiff. Plaintiff is entitled to an award in the amount of $33,688.83 in actual damages, $10,070.00 in attorney's fees, and $861.75 in costs, for a total award of $44,620.58.

Plaintiff's request for a permanent injunction is hereby DENIED.

The Clerk of the Court is directed to close this case.

SO ORDERED.


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