Lifeguard Licensing Corp. et al v. kozak et al

Filing 268

ORDER for 257 Motion to Dismiss filed by Popularity Products, LLC, Lifeguard Licensing Corp., 267 Report and Recommendations. It is hereby ORDERED that the Report is adopted. Plaintiffs' Motion to Dismiss the Complaint and Defendant s' counterclaims is GRANTED. Defendants' motion for summary judgment is DENIED. Defendants' application for an award of attorneys' fees is DENIED. The Clerk of Court is directed to close the case. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 3/27/2019) (cf) Transmission to Orders and Judgments Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
LIFEGUARD LICENSING CORP. &
:
:
POPULARITY PRODUCTS, LLC,
:
Plaintiffs, :
:
-against:
:
JERRY KOZAK & ANN ARBOR T-SHIRT
:
:
CO., LLC,
:
Defendants. :
:
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3/27/2019

15 Civ. 8459 (LGS)
ORDER

LORNA G. SCHOFIELD, District Judge:
WHEREAS, on March 12, 2019, Judge Lehrburger filed a Report and Recommendation
(the “Report”) recommending (1) dismissing Plaintiffs’ Complaint with prejudice; (2) dismissing
Defendants’ counterclaims as moot without prejudice; (3) denying Defendants’ request for
summary judgment and (4) denying Defendants’ request for an award of attorneys’ fees;
WHEREAS, the Report stated that the parties “have fourteen (14) days to file written
objections to this Report and Recommendation”;
WHEREAS, no Objections were timely filed;
WHEREAS, in reviewing a Report and Recommendation of a magistrate judge, a district
judge “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). “In a case such as this one, where 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.” Poulos, v. City of New York, No. 14 Civ. 3023, 2018 WL 3745661, at *1
(S.D.N.Y. Aug. 6, 2018) (internal quotation marks omitted);
WHEREAS, the Court finds no clear error on the face of the record. It is hereby

ORDERED that the Report is adopted. Plaintiffs’ Motion to Dismiss the Complaint and
Defendants’ counterclaims is GRANTED. Defendants’ motion for summary judgment is
DENIED. Defendants’ application for an award of attorneys’ fees is DENIED. The Clerk of
Court is directed to close the case.
Dated: March 27, 2019
New York, New York

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