Broadcast Music, Inc. et al v. The Living Room Steak House, Inc. et al

Filing 17

MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION: The Court adopts the MJ Reyes Report & Recommendation 15 without de novo review and directs the Clerk to enter judgment in accordance with the Report and Recommendation. Ordered by Judge Frederic Block on 3/17/2016. (Innelli, Michael)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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BROADCAST MUSIC, INC., ET AL.,
Plaintiffs,
-againstTHE LIVING ROOM STEAK HOUSE,
INC., ET AL.,

MEMORANDUM AND ORDER
14-CV-06298 (FB) (RER)

Defendants.
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Appearances:
For the Plaintiff:
MARK S. SIDOTI, ESQ.
JONATHON BRUGH LOWER
Gibbons DelDeo Griffinger & Vecchione,
P.C.
One Pennsylvania Plaza
New York, New York 10119

BLOCK, Senior District Judge:
On February 26, 2015, Magistrate Judge Reyes issued a Report and
Recommendation (“R&R”) recommending that default judgment be entered against
defendant The Living Room Steakhouse, Inc. and Anna Reckovic (collectively,
“Defendants”) in the amount of $24,046.90, consisting of $16,000.00 in damages and
$7,500.00 in attorney’s fees and $546.90 in costs. See R&R at 8, 12. The R&R
provided that failure to object within fourteen days of receipt would preclude appellate
review. See id. at 13. Copies of the R&R were mailed to Defendants on March 9,

2015. 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).
Magistrate Judge Reyes’ R&R contains no error, let alone plain error. 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
March 17, 2016

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