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Goldenwin International Co., Ltd. v. Nektalov

United States District Court, E.D. New York

June 18, 2015

GOLDENWIN INTERNATIONAL CO., LTD., Plaintiff,
v.
MARK NEKTALOV a/k/a MARK NEKTA, NEKTA AUTO GROUP, INC., NEKTA AUTO LEASING, INC., and JOHN DOES 1-10, Defendants.

For the Plaintiff: DAVID A. SCHWARTZ, ESQ. Gruber Schwartz & Posnock, LLP

MEMORANDUM AND ORDER

BLOCK, Senior District Judge

On June 2, 2015, Magistrate Judge Robert Levy issued a Report and Recommendation (“R&R”) recommending that default judgment be entered in favor of plaintiff against defendants in the total amount of $423, 899.61, consisting of $422, 890.00 in damages and $1, 009.61 in costs. R&R at 4. The R&R further stated that failure to object within fourteen days would preclude appellate review. Id. Defendants were served a copy of the R&R on June 3, 2015. See Dkt. Entry No. 17. To date, no objections have been filed.

If clear notice has been given of the consequences of the 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 such error appears here. As such, 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.


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