Designer Greetings, Inc v. Shah et al
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
DESIGNER GREETINGS, INC.,
MEMORANDUM & ORDER
HARRY SHAH d/b/a 50% OFF CARDS, JAY
CARDS & GIFTS 2001, INC., and
SUNNY ENTERPRISES OF 2001 INC.,
Thomas A. O’Rourke, Esq.
Bodner & O’Rourke
425 Broadhollow Road, Suite 108
Melville, NY 11747
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
attorneys’ fees. For the following reasons, the Court ADOPTS Judge
Locke’s R&R in its entirety.
On October 9, 2014, Plaintiff commenced this action
against Defendants asserting claims under the Lanham Act.
On March 2, 2015, Plaintiff filed a motion
seeking a default judgment and an award of damages, costs, and/or
(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.
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.
(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.)
On January 31, 2017, Judge Locke issued his R&R
recommending that Plaintiff’s motion be granted.
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.)
In reviewing an R&R, a district court “may accept,
recommendations made by the magistrate judge.”
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
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.
Locke’s R&R (Docket Entry 24) in its entirety.
(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
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.
/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
10 , 2017
Central Islip, New York
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