Sheldon v. Plot Commerce

Filing 36

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court has carefully reviewed the record and, finding no clear error, adopts the R&R as the opinion of the Court. Accordingly, Plaintiff s motion is granted and Plaintiff is awarded attorneys, fees of $10,620, as well as $700 in costs. The Clerk of Court is directed to enter judgment accordingly and to close the case. Ordered by Judge Carol Bagley Amon on 5/15/2017. (fwd for judgment) (Fernandez, Erica)

iNCUERKSOglK

U.S. D!'■<

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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C0UW6.D.N.Y.

^ MAY 1 6 2017

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BROOKLYN OFFICE

JASON SHELDON,

. ^

Plaintiff,

-against-

NOT FOR PUBLICATION

ORDER

PLOT COMMERCE, a corporation,

I5-CV-5885 (CBA) (CLP)

Defendant.

AMON, United States District Judge;
On September 19, 2016, the Court granted Plaintiffs motion for default judgment and

awarded him $510,000 in damages but denied without prejudice Plaintiffs requests for attorneys'
fees and for costs, subject to refiling with proper documentation and authority. (See D.E. # 30.) On
October 26, 2016, Plaintiff submitted a revised motion for attomeys' fees and costs, (D.E. # 34),

which the Court referred to the Honorable Cheryl Pollak, United States Magistrate Judge for Report
and Recommendation ("R&R"), (D.E. dated March 28,2017).
The Court has now received Magistrate Judge PoIIak's R&R, which recommends that

Plaintiffs motion be granted and that Plaintiff be awarded $10,620 in attorneys' fees and $700 in
costs. (See D.E. # 35.) No party has objected to the R&R, and the time for doing so has passed.

When deciding whether to adopt an R&R, a district court "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).
To accept those portions of the R&R "to which no timely objection has been made, a district court
need only satisfy itself that there is no clear error on the face of the record." Jarvis v. N. Am. Globex

Fund. L.P.. 823 F. Supp. 2d 161, 163 (E.D.N.Y. 2011) (quoting Wilds v. United Parcel Serv.. 262
F.Supp.2d 163,169 (S.D.N.Y. 2003)).

The Court has carefully reviewed the record and, finding no clear error, adopts the R&R as
the opinion of the Court. Accordingly, Plaintiff's motion is granted and Plaintiff is awarded
attorneys' fees of$10,620,as well as $700 in costs. The Clerk of Court is directed to enterjudgment
accordingly and to close the case.

SO ORDERED.

Dated: May
,2017
Brooklyn, New York

s/Carol Bagley Amon

Carol Baglej
United States District Judge