UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
November 18, 2008
PRL HOLDINGS, INC., PLAINTIFF,
CARLBERG DESIGN, INC., D/B/A RUGBY AMERICA, LTD.; AND CARLBERG GRAFIX, INC., DEFENDANTS.
The opinion of the court was delivered by: Debra Freeman, Usdj
REPORT AND RECOMMENDATION
TO THE HONORABLE JOHN G. KOELTL, U.S.D.J.
Before this Court is a motion by plaintiff PRL Holdings, Inc. ("PRL") to preclude defendants Carlberg Design, Inc. and Carlberg Grafix, Inc. (collectively, "Carlberg") from seeking damages in this case under 15 U.S.C. § 1120. (Dkt. 57.) Carlberg did not file a response to the motion, but rather confirmed to PRL that it is not, in fact, seeking any damages under Section 1120.*fn1 Under the circumstances, I respectfully recommend that PRL's motion (Dkt. 57) be denied as moot.
Pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure, the parties shall have ten (10) days from service of this Report to file written objections. See also Fed. R. Civ. P. 6. Such objections, and any responses to objections, shall be filed with the Clerk of Court, with courtesy copies delivered to the chambers of the Honorable John G. Koeltl, United States Courthouse, 500 Pearl Street, Room 1030, New York, New York 10007, and to the chambers of the undersigned, United States Courthouse, 5000 Pearl Street, Room 525, New York, New York, 10007. Any requests for an extension of time for filing objections must be directed to Judge Koeltl. FAILURE TO FILE OBJECTIONS WITHIN TEN (10) DAYS WILL RESULT IN A WAIVER OF OBJECTIONS AND WILL PRECLUDE APPELLATE REVIEW. See Thomas v. Arn, 474 U.S. 140, 155 (1985); IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1054 (2d Cir. 1993); Frank v. Johnson, 968 F.2d 298, 300 (2d Cir. 1992); Wesolek v. Canadair Ltd., 838 F.2d 55, 58 (2d Cir. 1988); McCarthey v. Manson, 714 F.2d 234,237-38 (2d Cir. 1983).