J & J Sports Productions, Inc. v. GPN Bar Inc.

Filing 18

MEMORANDUM and ORDER ADOPTING REPORT AND RECOMMENDATION: There being no errors the Court adopts the MJ Tiscione's Report and Recommendation 16 without de novo review and grants plaintiffs motion for efault judgment against defendant GPN Bar Inc., only. Ordered by Judge Frederic Block on 2/1/2017. (Innelli, Michael)

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

MEMORANDUM AND ORDER
15-cv-6504 (FB) (ST)

GPN BAR INC., MICHELE L. FARRELL,
and GREGORY FARRELL,
Defendants.
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Appearances:
For Plaintiff:
PAUL J. HOOTEN
Paul J. Hooten & Associates
5505 Nesconset Highway, Suite 203
Mt. Sinai, NY 11766
BLOCK, Senior District Judge:
On December 15, 2016, Magistrate Judge Steven L. Tiscione issued a Report and
Recommendation (“R&R”) recommending that plaintiff’s Motion for Default Judgment
against defendant GPN Bar Inc. be granted and plaintiff be awarded $6,000.00 in
damages, fees, and costs, and that its Motion for Default Judgment against Gregory
Farrell and Michele Farrell be denied and the claims against those individual defendants
be dismissed. No objections have been filed to date, and the parties’ opportunity to
object has passed.
Where there are no objections, the Court may adopt the R&R without de novo
review. See Thomas v. Arn, 474 U.S. 140, 149–50 (1985); Mario v. P & C Food Mkts.,

Inc., 313 F.3d 758, 766 (2d Cir. 2002) (“Where parties receive clear notice of the
consequences, failure 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
must 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 grants plaintiff’s Motion for Default Judgment
against defendant GPN Bar Inc.
SO ORDERED.
/S/ Frederic Block______
FREDERIC BLOCK
Senior United States District Judge
Brooklyn, New York
February 1, 2017

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