Joe Hand Promotions, Inc. v. Syller et al

Filing 49

ORDER ADOPTING REPORT AND RECOMMENDATIONS of Magistrate Judge Pohorelsky. The court ADOPTS the R&R in its entirety, see Porter v. Potter, 219 F. App'x 112 (2d Cir. 2007), and as set forth above and in the R&R: Plaintiffs motion for default jud gment is GRANTED and judgment shall be entered against Defendant for $5,890.50, representing $4,415.50 in statutory damages and $1,475 in attorneys' fees and costs. The Clerk of Court is respectfully directed to enter judgment and close the case. So Ordered by Judge Nicholas G. Garaufis on 1/6/2014. (fwd'd for jgm) (Lee, Tiffeny)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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JOE HAND PROMOTIONS, INC.,

ORDER

Plaintiff,
11-CV-03762 (NGG) (VVP)

-againstALLAN ZYLLER, ANTHONY BANAS,
JACK BERNOWITZ, BSZ REALTY CORP.,
and DOM & LUIGI'S SMOKEHOUSE, INC.,
Defendant.

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NICHOLAS G. GARAUFIS, United States District Judge.
On August 3, 2011, Plaintiff Joe Hand Promotions, Inc., filed this action against
Defendants Allan Zyller, Anthony Banas, BSZ Realty Corp., Jack Bemowitz, and Dom &
Luigi's Smokehouse, Inc., alleging common-law conversion, as well as unauthorized
interception, reception, and publication of Plaintiff's closed-circuit telecast of an ultimate
fighting match (the "Fight") on February 6, 2011, in violation of the Cable Communications
Policy Act of 1984 (the "Cable Act"), 47 U.S.C. §§ 553 and 605, seeking statutory damages
under section 605(e)(3) of the Cable Act and damages for common-law conversion. (Compl.
(Dkt. 1).) On April 12, 2013, Plaintiff moved for default judgment against defendants Anthony
Banas, Jack Bemowitz, and Dom Luigi's Smokehouse, Inc. (collectively "Defaulting
Defendants") (Pl. Mot. for Default J. (Dkt. 43).) The court referred this motion to Magistrate
Judge Viktor V. Pohorelsky for a report and recommendation ("R&R") pursuant to 28 U.S.C.
§ 636(b )(1 )(B) and Federal Rule of Civil Procedure 72(b)( 1) to address both liability and

damages. (See Apr. 12, 2013, Order (Dkt. 44).)

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On December 13, 2013, Judge Pohorelsky issued an R&R recommending that the court
grant Plaintiffs motion for default judgment and direct the entry of judgment against Defaulting
Defendants in the amount of$5,890.50, representing $4,415.50 in statutory damages and $1,475
in attorneys' fees and costs. (See R&R (Dkt. 47).) Pursuant to Judge Pohorelsky's Order (see
id. at 16), Plaintiff filed proof of service of the R&R upon Defaulting Defendants (see Certificate
of Service (Dkt. 48)).
No party has objected to Judge Pohorelsky's R&R, and the time to do so has passed. See
Fed. R. Civ. P. 72(b)(2); (see also R&R at 15). Therefore, the court reviews the R&R for clear
error. See Gesualdi v. Mack Excavation & Trailer Serv., Inc., No. 09-CV-2502 (KAM), 2010
WL 985294, at *1 (E.D.N.Y. Mar. 15, 2010); La Torres v. Walker, 216 F. Supp. 2d 157, 159
(S.D.N.Y. 2000); cf. 28 U.S.C. § 636(b)(l). Finding no clear error, the court ADOPTS the R&R
in its entirety, see Porter v. Potter, 219 F. App'x 112 (2d Cir. 2007), and as set forth above and in
the R&R: Plaintiffs motion for default judgment is GRANTED and judgment shall be entered
against Defendant for $5,890.50, representing $4,415.50 in statutory damages and $1,475 in
attorneys' fees and costs. The Clerk of Court is respectfully directed to enter judgment and close
the case.
SO ORDERED.

s/Nicholas G. Garaufis

f-icHOLAS'G. GARAUFIS
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=- -

Dated: Brooklyn, New York
January _L, 2014

- -,

United States District Judge

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