Traffic Sports USA v. Modelos Restaurante, Inc. et al
ORDER - It is hereby: ORDERED that Judge Tomlinsons 14 Report and Recommendation is adopted in its entirety, and it is further ORDERED that the Clerk of the Court is directed to enter a default judgment against the defendant in the amounts recomme nded by Judge Tomlinson as set forth above; and it is further ORDERED that the Clerk of the Court is respectfully directed to mark this case as closed. Ordered by Judge Arthur D. Spatt on 8/22/12. Terminating 10 Motion for Default Judgment as granted. Copy of Order forwarded to the Judgment Clerk. (Coleman, Laurie)
8/22/2012 12:59 pm
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
LONG ISLAND OFFICE
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
TRAFFIC SPORTS USA,
-vs.MODELOS RESTAURANTE, INC. d/b/a
SAJUMA RESTAURANT LOUNGE,
Paul J. Hooten & Associates
Attorney for the Plaintiffs
5505 Nesconset Highway, Suite 203
Mt. Sinai, NY 11766
Paul J. Hooten, Esq., of Counsel
Modelos Restaurante, Inc., d/b/a
Sajuma Restaurant Lounge
SPATT, District Judge.
The Plaintiff commenced this action on or about March 24, 2011, asserting claims against
the Defendant Modelos Restaurante and the former Defendant Reinaldo Quintanilla for monetary
relief, pursuant to the Federal Communications Act of 1934, codified at 47 U.S.C. §§ 605 and
553. On October 26, 2011, the Court so ordered a stipulation discontinuing the action against the
Defendant Reinaldo Quintanilla only. On January 20, 2012, the Clerk of the Court noted the
default of the remaining defendant, Modelos Restaurante. On January 24, 2012, the Plaintiff
moved for a default judgment as to Modelos Restaurante.
On January 27, 2012, the Court referred the matter to United States Magistrate Judge A.
Kathleen Tomlinson for a recommendation as to whether the motion for a default judgment
should be granted, and if so, to determine what relief was appropriate, including reasonable
attorney’s fees and costs.
On August 1, 2012, Judge Tomlinson issued a thorough Report recommending that the
Court enter default judgment against the Defendant and award the following: (1) $1,000 in
statutory damages; (2) $3,000 in enhanced damages; and (3) $350 in costs. The Report did not
recommend an award of attorneys’ fees, as the Plaintiff indicated that it did not seek this relief.
To date, no objection has been filed to Judge Tomlinson’s Report and Recommendation.
In reviewing a report and recommendation, a 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)(C). “To accept the report and recommendation of a magistrate, 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.” Wilds v. United Parcel Serv., 262 F. Supp. 2d 163, 169 (S.D.N.Y. 2003)
(citing Nelson v. Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y. 1985)). The Court has reviewed
Judge Tomlinson’s Report and finds it be persuasive and without any legal or factual errors.
There being no objection to Judge Tomlinson’s Report, the Court adopts the Report.
For the foregoing reasons, it is hereby:
ORDERED that Judge Tomlinson’s Report and Recommendation is adopted in its
entirety, and it is further
ORDERED that the Clerk of the Court is directed to enter a default judgment against the
Defendant in the amounts recommended by Judge Tomlinson as set forth above; and it is further
ORDERED that the Clerk of the Court is respectfully directed to mark this case as
Dated: Central Islip, New York
August 22, 2012
___/s/ Arthur D. Spatt_______
ARTHUR D. SPATT
United States District Judge
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