Friedman v. Sharinn & Lipshie, P.C.

Filing 19

MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court adopts the Report & Recommendation 18 in its entirety and directs the Clerk to enter judgment in accordance with the Report & Reccommendation. Ordered by Judge Frederic Block on 5/3/2013. (Innelli, Michael)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -------------------------------------------------------------x CHAIM FRIEDMAN, Plaintiff, MEMORANDUM AND ORDER Case No. 12-CV-3452 (FB) (CLP) -againstSHARINN & LIPSHIE, P.C., Defendants. -------------------------------------------------------x Appearances: For the Plaintiff: KARIN ARROSPIDE, ESQ. Fredrick Schulman & Associates 30 East 29th Street, Suite 204 New York, NY 10016 BLOCK, Senior District Judge: 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 1 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. /S/ Frederic Block_ FREDERIC BLOCK Senior United States District Judge Brooklyn, NY May 3, 2013 2

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