Radisson Hotels International, Inc. v. Radisson Cars & Limo, Inc. et al

Filing 24

ADOPTION ORDER - On March 1, 2017, Judge Brown issued a 22 report (the R&R) recommending that the Plaintiffs 19 motion for default judgment be granted; that a permanent injunction be issued against the Defendants; and that the Court endorse the P laintiffs proposed order after striking paragraphs 12 and 13. The Plaintiff provided proof of service of the R&R on March 3, 2017. It has been more than fourteen days since the service of the R&R, and the parties have not filed objections. As such, p ursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has reviewed the R&R for clear error, and finding none, now concurs in both its reasoning and its result. See Coburn v. P.N. Fin., No. 13-CV-1006 (ADS) (SIL), 2015 WL 520346, at *1 (E.D.N.Y. Feb. 9, 2015) (reviewing Report and Recommendation without objections for clear error). Accordingly, the R&R is adopted in its entirety. The Clerk of the Court is directed to enter judgment for the Plaintiff in accordance with the R&R, and to close this case. SEE ATTACHED ORDER for details. So Ordered by Judge Arthur D. Spatt on 3/21/2017. (Coleman, Laurie)

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FILED  CLERK    9:30 am, Mar 21, 2017   U.S. DISTRICT COURT  EASTERN DISTRICT OF NEW YORK  LONG ISLAND OFFICE  UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------------RADISSON HOTELS INTERNATIONAL, INC., ADOPTION ORDER 14-cv-5927 (ADS)(GRB) Plaintiff, -againstRADISSON CARS & LIMO, INC., HAJIASIF A. USMAN, Defendant(s). ---------------------------------------------------------X APPEARANCES: Dorsey & Whitney Attorneys for the Plaintiff 51 West 52nd St New York, NY 10019 By: Gina Susan Spiegelman, Esq. Susan Progoff, Esq., Of Counsel NO APPEARANCES: Radisson Cars & Limo, Inc., Hajiasif A. Usman The Defendants SPATT, District Judge: On October 9, 2014, the Plaintiff Radisson Hotels International, Inc. (the “Plaintiff”) commenced this action for service mark infringement under the Lanham Act, 15 U.S.C. § 1051, et seq., against the Defendants Radisson Cars & Limo, Inc., and Hajiasif A. Usman (the “Defendants”). On February 4, 2015, the Clerk of the Court noted the Defendant’s default. On July 18, 2016, the Plaintiffs filed a motion for default judgment. 1 On July 25, 2016, the Court referred the Plaintiff’s motion to United States Magistrate Judge Gary R. Brown for a recommendation as to whether the default judgment should be granted and, if so, whether any other relief should be granted. On March 1, 2017, Judge Brown issued a report (the “R&R”) recommending that the Plaintiff’s motion for default judgment be granted; that a permanent injunction be issued against the Defendants; and that the Court endorse the Plaintiff’s proposed order after striking paragraphs 12 and 13. The Plaintiff provided proof of service of the R&R on March 3, 2017. It has been more than fourteen days since the service of the R&R, and the parties have not filed objections. As such, pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has reviewed the R&R for clear error, and finding none, now concurs in both its reasoning and its result. See Coburn v. P.N. Fin., No. 13-CV-1006 (ADS) (SIL), 2015 WL 520346, at *1 (E.D.N.Y. Feb. 9, 2015) (reviewing Report and Recommendation without objections for clear error). Accordingly, the R&R is adopted in its entirety. The Clerk of the Court is directed to enter judgment for the Plaintiff in accordance with the R&R, and to close this case. SO ORDERED. Dated: Central Islip, New York March 21, 2017 _/s/ Arthur D. Spatt_ ARTHUR D. SPATT United States District Judge 2

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