Innovative Sports Management, Inc. v. MI Olivia Restaurant, Corp. et al
Filing
16
ADOPTION ORDER - Accordingly, Judge Browns February 27, 2015 Report and Recommendation is adopted in its entirety. The Plaintiffs motion for a default judgment is granted and damages are awarded against the Defendants in the amount of $3,981.85, comprised of $1,153.95 in statutory damages, $2,307.90 in enhanced damages and $520 in costs. The Clerk of the Court is respectfully directed to enter judgment consistent with this Adoption Order and to close the case. So Ordered by Judge Arthur D. Spatt on 3/18/2015. c/m to Judgment Clerk via cm/ecf. (Coleman, Laurie)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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INNOVATIVE SPORTS MANAGEMENT,
INC. d/b/a INTEGRATED SPORTS MEDIA,
Plaintiff,
ADOPTION ORDER
14-cv-875 (ADS)(GRB)
-againstMI OLIVIA RESTARUANT, CORP. d/b/a MI
OLIVIA RESTAURANT and ROSA M.
REYES,
Defendants.
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APPEARANCES:
Paul J. Hooten & Associates
Attorneys for the Plaintiff
5505 Nesconset Highway, Suite 203
Mt. Sinai, NY 11766
By: Paul J. Hooten, Esq., Of Counsel
NO APPEARANCES:
The Defendants MI Olivia Restaurant, Corp. d/b/a MI Olivia Restaurant and Rosa M. Reyes
SPATT, District Judge.
On February 7, 2014, the Plaintiff Innovative Sports Management, Inc., d/b/a Integrated
Sports Media (the “Plaintiff”) commenced this action against the Defendants Mi Olivia
Restaurant, Corp., d/b/a Mi Olivia Restaurant (“Mi Olivia”) and Rosa M. Reyes (“Reyes”)
(collectively the “Defendants”) alleging violations of the Federal Communications Act of 1934
(“FCA”), as amended, 47 U.S.C. §§ 605 and 553.
On May 12, 2014, the Clerk of Court noted the default of the Defendants.
On May 19, 2014 the Plaintiff moved for a default judgment.
On June 6, 2014, the Court referred this matter to to United States Magistrate Judge Gary
R. Brown for a recommendation as to whether the motion for a default judgment should be
granted, and if so, (1) whether damages should be awarded, including reasonable attorney’s fees
and costs, and (2) whether any other relief should be granted.
On February 27, 2015, Judge Brown issued a Report recommending that the Plaintiffs’
motion for a default judgment be granted and that damages be awarded against defendants in the
amount of $3,981.85, comprised of $1,153.95 in statutory damages, $2,307.90 in enhanced
damages and $520 in costs.
More than fourteen days have elapsed since service of the Report and Recommendation
on the Defendants, who have failed to file an objection.
Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has
reviewed the February 27, 2015 Report and Recommendation for clear error, and finding none,
now concurs in both its reasoning and its result. See Trustees of Empire State Carpenters
Annuity, Apprenticeship, Labor-Mgmt. Cooperation, Pension & Welfare Funds v. C. Downing
Enterprises LLC, No. 14-CV-323 (ADS)(AKT), 2015 WL 1042481, at *1 (E.D.N.Y. Mar. 10,
2015)(reviewing Report and Recommendation without objections for clear error).
Accordingly, Judge Brown’s February 27, 2015 Report and Recommendation is adopted
in its entirety. The Plaintiffs’ motion for a default judgment is granted and damages are awarded
against the Defendants in the amount of $3,981.85, comprised of $1,153.95 in statutory damages,
$2,307.90 in enhanced damages and $520 in costs. The Clerk of the Court is respectfully
directed to enter judgment consistent with this Adoption Order and to close the case.
SO ORDERED.
Dated: Central Islip, New York
March 18, 2015
__ Arthur D. Spatt
ARTHUR D. SPATT
United States District Judge
_
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