Giselle, Inc v. Rock, CEO, LLC et al

Filing 22

MEMORANDUM and ORDER ADOPTING REPORT AND RECOMMENDATION: No such error appears on the face of the Report and Recommendation 21 . Therefore, the Court adopts it without de novo review and denies plaintiffs motion for default judgment.Ordered by Judge Frederic Block on 9/28/2018. (Innelli, Michael)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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SWEET GISELE, INC.,
Plaintiff,
-againstTRUE ROCK CEO, LLC, and
JOHN DOES 1–10,

MEMORANDUM AND ORDER
Case No. 17-CV-5170-FB-RML

Defendants.
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BLOCK, Senior District Judge:
On September 4, 2018, Magistrate Judge Levy issued a Report and
Recommendation (“R&R”) recommending that plaintiff’s Motion for Default
Judgment be denied. The R&R advised that “ [a]ny objection to this Report and
Recommendation must be filed . . . within fourteen (14) days,” and that “[f]ailure to
file objections within the specified time waives the right to appeal the district court’s
order.” R&R at 28–29. The R&R was electronically served the same day. 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 such error appears on the face of the R&R. Therefore, the Court adopts it
without de novo review and denies plaintiff’s Motion for Default Judgment.
SO ORDERED.

/S/ Frederic Block______
FREDERIC BLOCK
Senior United States District Judge
Brooklyn, New York
September 28, 2018

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