Ortho Sleep Products, LLC v. Dreamy Mattress Corp. et al

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The plaintiffs motion for default judgment is granted. Judgment shall enter against defendants in the amount of $169,956.93, broken down as follows: (1) $94,380.57 in enhanced damages pursuant to 15 U.S.C § 1117(a); (2) $49,595.50 for breach of contract and goods sold and delivered; (3) $24,401.25 in attorneys' fees; and (4) $1,579.61 in costs. The Clerk of Court is directed to enter judgment and close this case. Ordered by Chief Judge Carol Bagley Amon on 12/17/2012. (fwd for judgment) (Fernandez, Erica)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

---------------------------------------------------------)(
ORTHO SLEEP PRODUCTS, LLC,
NOT FOR PUBLICATION
MEMORANDUM & ORDER
11-CV-6049 (CBA) (CLP)

Plaintiff,
-againstDREAMY MATTRESS CORP., DREAMY'S
BEDDING, INC., DREAMY'S FURNITURE
CORP., a/k/a DREAMY'S MATTRESS,
SAMEEH ABUDA YEH, MOHAMED
ABUDA YEH, and GHANDI ABUDA YEH,

FILED

IN CLEAK'8 OFFICE

U.S. DISTRICT COURT S.D.N.Y.

*

DEC 17 2012

*

BROOKLYN OFFICE

Defendants.

---------------------------------------------------------)(
AMON, Chief United States District Judge.

Plaintiff Ortho Sleep Products brings this action against defendants Dreamy's Mattress
Corp., Dreamy's Bedding, Inc., Dreamy's Furniture Corp., a/k/a Dreamy's Mattress (collectively
"corporate defendants"), Sameeh Abudayeh, Mohamed Abudayeh, and Ghandi Abudayeh
(collectively "individual defendants"). Plaintiff alleges that the corporate defendants failed to
pay invoices as they came due and that the corporate and individual defendants engaged in unfair
competition in violation of 15 U.S.C. § 1125. The defendants failed to appear or otherwise
defend this action, and upon plaintiffs application, the Clerk of the Court entered default against
defendants on December 2, 2011. (DE 6.) Plaintiff filed the instant motion for default judgment
on March 7, 2012 (DE 7), which this Court referred to Magistrate Judge Cheryl L. Pollak for
report and recommendation. Pending before the Court is Magistrate Judge Pollak's Report and
Recommendation (the "R&R") issued on August 29,2012. (DE 19.)
"A district judge may accept, reject, or modify, in whole or in part, the findings and
recommendations of the Magistrate Judge."

Wilson v. Dalene, 699 F. Supp. 2d 534, 540

(E.D.N.Y. 2010). Where, as here, no timely objection has been made to the R&R, the "court
need only satisfy itself that there is no clear error on the face ofthe record" to accept a magistrate
judge's Report and Recommendation. Wilds v. United Parcel Serv., Inc., 262 F. Supp. 2d 163,
169 (S.D.N.Y. 2003) (internal quotation marks omitted). Having reviewed the record and so
satisfied itself, the Court adopts Magistrate Judge Pollak's thoroughly reasoned R&R as the
opinion of this Court.
The plaintiffs motion for default judgment is granted.

Judgment shall enter against

defendants in the amount of $169,956.93, broken down as follows: (1) $94,380.57 in enhanced
damages pursuant to 15 U.S.C § 1117(a); (2) $49,595.50 for breach of contract and goods sold
and delivered; (3) $24,401.25 in attorneys' fees; and (4) $1,579.61 in costs. The Clerk of Court
is directed to enter judgment and close this case.

SO ORDERED.
Dated: Brooklyn, N.Y.

s/Carol Bagley Amon

~ '7,2012

Carol Bagley
Chief United

2