Joseph v. Excellence Auto TradeLLC

Filing 19

MEMORANDUM and ORDER ADOPTING REPORT AND RECOMMENDATION: There being no error, plain or otherwise, appears on the face of MJ Bloom's Report and Recommendation 17 , the Court adopts it without de novo review. The Clerk shall enter judgment in accordance with the Report and Recommendation. Ordered by Judge Frederic Block on 3/27/2017. (Innelli, Michael)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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PAUL JOSEPH,
Plaintiff,

MEMORANDUM AND ORDER
Case No. 16-CV-1534-FB-LB

-againstEXCELLENCE AUTO TRADE LLC,
Defendant.
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BLOCK, Senior District Judge:
On February 10, 2017, Magistrate Judge Bloom issued a Report and
Recommendation (“R&R”) recommending that a default judgment be entered in favor
of the plaintiff in the total amount of $14,100.13. The R&R advised that “the parties
shall have fourteen days from service of this Report to file written objections,” and
warned that “[f]ailure to file a timely objection to this Report generally waives any
further judicial review.” R&R 16. The R&R was served by mail to the defendant’s
address of record on February 13, 2007, making objections due by February 27th. To
date, no objections have been filed.
Where clear notice has been given of the consequences of failure to object, and
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, however,
will excuse the 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 error, plain or otherwise, appears on the face of the R&R. Therefore, the
Court adopts it without de novo review. The Clerk shall enter judgment in accordance
with the R&R.
SO ORDERED.
/S/ Frederic Block_______
FREDERIC BLOCK
Senior United States District Judge
Brooklyn, New York
March 27, 2017

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