J&J Sports Productions, Inc. v. El Sonador Cafe Restaurant, Inc. et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATION. The Court has reviewed the unopposed Report & Recommendation, and, finding no clear error, the Court adopts Judge Reyes Report & Recommendation in its entirety pursuant to 28 U.S.C. § 636(b)(1). Plainti ffs motion for default judgment is granted. The Clerk of Court is directed to enter judgment in favor of Plaintiff against Defendants El Sonador Cafe Restaurant, Inc., doing business as The Best Mexican Food, also known as El Sonador Cafe Restaurant and Jose A. Bernal in the amount of $18,385.00, comprised of: (1) $4496.25 in actual damages; (2) $13,488.75 in enhanced damages; and (3) $400.00 in costs. Ordered by Judge Margo K. Brodie on 4/28/2015. (Bronn, Natasha)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
--------------------------------------------------------------J&J SPORTS PRODUCTIONS, INC.,
Plaintiff

MEMORANDUM & ORDER
14-CV-7074 (MKB)

v.
EL SONADOR CAFÉ RESTAURANT, INC.
d/b/a THE BEST MEXICAN FOOD a/k/a
EL SONADOR CAFÉ RESTAURANT
and JOSE A. BERNAL,
Defendants.
--------------------------------------------------------------MARGO K. BRODIE, United States District Judge:
Plaintiff, J&J Sports Productions, commenced the above-captioned action on December
4, 2014, against Defendants, El Sonador Café Restaurant, Inc. doing business as the Best
Mexican Food, also known as El Sonador Café Restaurant and its officer, director, shareholder
and/or principal, Jose A. Bernal, pursuant to the Federal Communications Acts of 1934, as
amended, 47 U.S.C. §§ 553, 605, alleging that Defendants illegally intercepted a closed-circuit
telecast of a Welterweight Fight Program and exhibited it without authorization. (Docket Entry
No. 1.) Although properly served with copies of the summons and Complaint, (Docket Entry
Nos. 4, 5), Defendants failed to appear or otherwise defend against this action. On February 12,
2015, Plaintiff requested a Certificate of Default and on, February 13, 2015, the Clerk of Court
noted Defendants’ default. (Docket Entry Nos. 6, 7.) Plaintiff moved for a default judgment on
February 20, 2014. (Docket Entry No. 8.) On the same day, the Court referred the motion for a
default judgement to Magistrate Judge Ramon E. Reyes for a report and recommendation.
(Order dated February 20, 2015.)

By Report & Recommendation (“R&R”) dated March 26, 2015, Judge Reyes
recommended that the Court grant Plaintiff’s motion for a default judgment against Defendants
as to liability, and that the Court award Plaintiff a total of $18,385.00 in damages, comprised of:
(1) $4496.25 in actual damages; (2) $13,488.75 in enhanced damages; and (3) $400.00 in costs.
(R&R 6.) No objections were filed.
A district court reviewing a magistrate judge’s recommended ruling “may accept, reject,
or modify, in whole or in part, the findings or recommendations made by the magistrate judge.”
28 U.S.C. § 636(b)(1)(C). “Failure to object to a magistrate judge’s report and recommendation
within the prescribed time limit ‘may operate as a waiver of any further judicial review of the
decision, as long as the parties receive clear notice of the consequences of their failure to
object.’” Sepe v. N. Y. State Ins. Fund, 466 F. App’x 49, 50 (2d Cir. 2012) (quoting United
States v. Male Juvenile, 121 F.3d 34, 38 (2d Cir. 1997)); see also Almonte v. Suffolk Cnty., 531
F. App’x 107, 109 (2d Cir. 2013) (“As a rule, a party’s failure to object to any purported error or
omission in a magistrate judge’s report waives further judicial review of the point.” (quoting
Cephas v. Nash, 328 F.3d 98, 107 (2d Cir. 2003))); Wagner & Wagner, LLP v. Atkinson,
Haskins, Nellis, Brittingham, Gladd & Carwile, P.C., 596 F.3d 84, 92 (2d Cir. 2010) (“[A] party
waives appellate review of a decision in a magistrate judge’s Report and Recommendation if the
party fails to file timely objections designating the particular issue.”).
The Court has reviewed the unopposed R&R, and, finding no clear error, the Court
adopts Judge Reyes’ R&R in its entirety pursuant to 28 U.S.C. § 636(b)(1). Plaintiff’s motion

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for default judgment is granted. The Clerk of Court is directed to enter judgment in favor of
Plaintiff against Defendants El Sonador Café Restaurant, Inc., doing business as The Best
Mexican Food, also known as El Sonador Café Restaurant and Jose A. Bernal in the amount of
$18,385.00.

SO ORDERED:

s/ MKB
MARGO K. BRODIE
United States District Judge

Dated: April 27, 2015
Brooklyn, New York

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