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)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------x 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. --------------------------------------------------x 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 2

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