United States District Court, E.D. New York
PAUL J. HOOTEN, ESQ., JACQUELINE M. MURATORE, ESQ., Mt. Sinai, NY, for the Plaintiff.
MEMORANDUM AND ORDER
FREDERIC BLOCK, Senior District Judge.
On August 12, 2013, Magistrate Judge Scanlon issued a Report and Recommendation ("R&R") recommending that default judgment be entered against defendants in the total amount of $7, 120.00, consisting of $2, 200.00 in statutory damages, $4, 400.00 in enhanced damages and $520.00 in litigation costs. R&R at 24. The R&R stated that failure to object within fourteen days of service of the R&R would preclude appellate review. See id. Defendants were served a copy of the R&R by mail on August 12, 2014. 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 to 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 ...