Designer Greetings, Inc v. Shah et al

Filing 28

MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; For the foregoing reasons, the Court ADOPTS Judge Locke's R&R (Docket Entry 24) in its entirety. Plaintiff's motion (Docket Entry 19) is GRANTED and Plaintiff is awarded $858,17 2.00 in monetary damages, $14,444.50 in attorneys' fees, and $660.00 in costs. Plaintiff is directed to serve Defendants with a copy of this Memorandum and Order within fourteen (14) days and file proof of service on ECF. The Clerk of the Court is directed to enter judgment accordingly and mark this case CLOSED. So Ordered by Judge Joanna Seybert on 3/10/2017. C/ECF (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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DESIGNER GREETINGS, INC.,
Plaintiff,

MEMORANDUM & ORDER
14-CV-5936(JS)(SIL)

-against–
HARRY SHAH d/b/a 50% OFF CARDS, JAY
CARDS & GIFTS 2001, INC., and
SUNNY ENTERPRISES OF 2001 INC.,
Defendants.
----------------------------------------X
APPEARANCES
For Plaintiff:
Thomas A. O’Rourke, Esq.
Bodner & O’Rourke
425 Broadhollow Road, Suite 108
Melville, NY 11747
For Defendants:

No appearance

SEYBERT, District Judge:
Presently pending before the Court is Magistrate Judge
Steven I. Locke’s Report and Recommendation dated January 31, 2017,
(the “R&R,” Docket Entry 24), recommending that this Court grant
Plaintiff’s

motion

for

an

accounting,

damages,

costs,

and

attorneys’ fees. For the following reasons, the Court ADOPTS Judge
Locke’s R&R in its entirety.
BACKGROUND
On October 9, 2014, Plaintiff commenced this action
against Defendants asserting claims under the Lanham Act.
generally Compl.)

(See

On March 2, 2015, Plaintiff filed a motion

seeking a default judgment and an award of damages, costs, and/or

attorneys’ fees.

(Docket Entry 12.)

On March 15, 2016, the Court

adopted Judge Locke’s Report and Recommendation dated November 25,
2015, granted Plaintiff’s request for a default judgment, and
denied Plaintiff’s request for damages, costs, and attorneys’ fees
without prejudice and with leave to replead.

(Order, Docket

Entry 18, at 4-5.)
On March 25, 2016, Plaintiff filed its pending motion
seeking an accounting of Defendants’ profits, and an award of
damages, costs, and attorneys’ fees.
19.)

(Pl.’s Mot., Docket Entry

On October 13, 2016, the Court referred Plaintiff’s motion

to Judge Locke for a report and recommendation.
Docket Entry 23.)

(Referral Order,

On January 31, 2017, Judge Locke issued his R&R

recommending that Plaintiff’s motion be granted.
R&R.)

(See generally

Particularly, Judge Locke recommends that the Court award

Plaintiff monetary damages of $858,172.00, attorneys’ fees of
$14,444.50, and $660.00 in costs for a total award of $873,276.50.
(R&R at 9.)
DISCUSSION
In reviewing an R&R, a district court “may accept,
reject,

or

modify,

in

whole

or

in

part,

recommendations made by the magistrate judge.”
(1)(C).

the

findings

and

28 U.S.C. § 636(b)

If no timely objections have been made, the “court need

only satisfy itself that there is no clear error on the face of

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the record.”

Urena v. New York, 160 F. Supp. 2d 606, 609-10

(S.D.N.Y. 2001) (internal quotation marks and citation omitted).
Objections were due within fourteen (14) days of service
of the R&R.

The time for filing objections has expired, and no

party has objected.

Accordingly, all objections are hereby deemed

to have been waived.

Upon careful review and consideration, the

Court finds Judge Locke’s R&R to be comprehensive, well-reasoned,
and free of clear error, and it ADOPTS the R&R in its entirety.
CONCLUSION
For

the

foregoing

reasons,

the

Court

Locke’s R&R (Docket Entry 24) in its entirety.

ADOPTS

Judge

Plaintiff’s motion

(Docket Entry 19) is GRANTED and Plaintiff is awarded $858,172.00
in monetary damages, $14,444.50 in attorneys’ fees, and $660.00 in
costs.

Plaintiff is directed to serve Defendants with a copy of

this Memorandum and Order within fourteen (14) days and file proof
of service on ECF.
The Clerk of the Court is directed to enter judgment
accordingly and mark this case CLOSED.

SO ORDERED.

/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
Dated:

March
10 , 2017
Central Islip, New York
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