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Artemis Marketing Corp. v. Rooms 2 Go Furniture

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


January 22, 2010

ARTEMIS MARKETING CORP. F/K/A ROOMS TO GO, INC., A NEVADA CORPORATION, PLAINTIFF,
v.
ROOMS 2 GO FURNITURE, INC., A NEW YORK CORPORATION, DEFENDANT.

The opinion of the court was delivered by: Frederic Block Senior United States District Judge

MEMORANDUM AND ORDER

BLOCK, Senior District Judge

On December 8, 2009, Magistrate Judge Gold issued a Report and Recommendation ("R&R") recommending that a default judgment be entered against defendant in the amount of $1,000.00, see R&R at 4, and that a permanent injunction be issued against the defendants, see id. at 4-5. The R&R also stated that failure to object within ten days would preclude appellate review. See id. at 6. Attorney for plaintiffs mailed a copy of the R&R to defendant on December 28, 2009; no objections have been filed.

If 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 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."). The Court will 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 such error appears here. Accordingly, the Court adopts the R&R without de novo review and directs the Clerk to enter judgment in accordance with the R&R.

SO ORDERED.

20100122

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