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Chaim Friedman v. Sharinn & Lipshie

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


May 3, 2013

CHAIM FRIEDMAN, PLAINTIFF,
v.
SHARINN & LIPSHIE, P.C., DEFENDANTS.

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

MEMORANDUM AND ORDER

On March 28, 2013, Magistrate Judge Pollak issued a Report and Recommendation ("R&R") recommending that the Court award default judgment against defendant in the total amount of $3,689.24, consisting of $750 in statutory damages and $2,939.24 in attorneys' fees and costs. See R&R at 12-14, 18-21. The R&R clearly stated that defendant's failure to object within 14 days of receipt of the R&R would preclude appellate review. See id. at 21-22; see also Dkt. No. 18 (stating that objections are due by April 15, 2013). To date, 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 in its entirety and directs the Clerk to enter judgment in accordance with the R&R.

SO ORDERED.

Frederic Block

FREDERIC BLOCK Senior United States District Judge

20130503

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