Cortes et al v. Warb Corporation et al

Filing 32

MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION: The Court adopts MJ Reyes Report & Recommendation 27 without de novo review and directs the Clerk of the Court to enter judgment in accordance with the Report & Recommendation. Ordered by Judge Frederic Block on 3/30/2016. (Innelli, Michael)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------x JAYSON CORTES and LUIS J. VENTURA, Plaintiffs, -against- MEMORANDUM AND ORDER 14-CV-7562 (FB) (RER) WARB CORPORATION, JOSE ROSADO, WILSON RODRIGUEZ, Defendants. --------------------------------------------------x Appearances: For the Plaintiffs: ALEXANDER T. COLEMAN MICHAEL J. BORRELLI ALEXANDER GASTMAN Borelli & Associates PLLC 1010 Northern Blvd Great Neck, NY 11021 BLOCK, Senior District Judge: On March 15, 2016, Magistrate Judge Ramon E. Reyes, Jr. issued a Report and Recommendation (“R&R”) recommending that a default judgment be entered against defendants, and that Jayson Cortes and Luis Ventura be awarded $89,608.60 and $83,870.19, respectively, in damages, $8,772.50, jointly, in attorney’s fees, and $569.70, jointly, in costs. The R&R further provided that failure to object within fourteen days would preclude appellate review. To date, no objections have been filed. If clear notice has been given of the consequences of the 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 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 a 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 of the Court to enter judgment in accordance with the R&R. SO ORDERED. Frederic Block___________ FREDERIC BLOCK Senior United States District Judge Brooklyn, New York March 30, 2016 2

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