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)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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JAYSON CORTES and LUIS J.
VENTURA,
Plaintiffs,
-against-

MEMORANDUM AND ORDER
14-CV-7562 (FB) (RER)

WARB CORPORATION, JOSE
ROSADO, WILSON RODRIGUEZ,
Defendants.
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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

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