Ferrera v. Tire Shop Center et al

Filing 17

MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION: The Court adopts MJ Bloom's Report & Recommendation 16 dated 4/6/15 without de novo review and directs the Clerk to enter judgment in accordance with the Report & Recommendation. Ordered by Judge Frederic Block on 6/5/2015. (Innelli, Michael)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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WILSON FERRERA,
Plaintiff,
-against-

MEMORANDUM AND ORDER
14-CV-04657 (FB) (LB)

TIRE SHOP CENTER and LEOMARES
LUNA, individually,
Defendants.
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Appearances:
For the Plaintiff:
JODI JILL JAFFE
Jaffee Glenn Law Group, P.A.
Lawrence Office Park
Building 2, Suite 220
168 Franklin Corner Road
Lawrenceville, NJ 08648
BLOCK, Senior District Judge:
On April 6, 2015, Magistrate Judge Lois Bloom issued a Report and
Recommendation (“R&R”) recommending that Plaintiff’s motion for a default
judgment be denied. R&R at 9. The R&R further recommended that Plaintiff be
allowed 30 days’ leave to file an amended complaint. Id. The R&R provided that
failure to object within fourteen days of receipt would preclude appellate review. Id.
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
such error appears here. Accordingly, 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.
/S/ Frederic Block_________
FREDERIC BLOCK
Senior United States District Judge
Brooklyn, New York
June 5, 2015

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