Ferrera v. Tire Shop Center et al

Filing 29

MEMORDANUM and ORDER ADOPTING REPORT AND RECOMMENDATION: There being no errors the Court adopts MJ Bloom's 28 Report and Recommendation without de novo review and grants plaintiffs motion 27 for default judgment. Ordered by Judge Frederic Block on 1/3/2017. (Innelli, Michael)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------x WILSON FERRERA, Plaintiff, -against- MEMORANDUM AND ORDER 14-cv-4657 (FB) (LB) TIRE SHOP CENTER and LEOMARES LUNA, Defendants. --------------------------------------------------x Appearances: For Plaintiff: JODI JILL JAFFE Jaffe Glenn Law Group, P.A. 301 North Harrison Street Suite 9F #306 Princeton, NJ 08540 BLOCK, Senior District Judge: On October 14, 2016, Magistrate Judge Lois Bloom issued a Report and Recommendation (“R&R”) recommending that plaintiff’s Motion for Default Judgment be granted and plaintiff be awarded $12,034.50 in damages, fees, and costs. No objections have been filed to date, and defendants’ opportunity to object has passed. Where there are no objections, the Court may adopt the R&R without de novo review. See Thomas v. Arn, 474 U.S. 140, 149–50 (1985); Mario v. P & C Food Mkts., Inc., 313 F.3d 758, 766 (2d Cir. 2002) (“Where parties receive clear notice 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 must 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 grants plaintiff’s Motion for Default Judgment. SO ORDERED. /S/ Frederic Block______ FREDERIC BLOCK Senior United States District Judge Brooklyn, New York January 3, 2016 2

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