Barcroft Media, Ltd. v. Fashion In Me Inc.

Filing 36

ORDER for 32 Report and Recommendations. It is hereby ORDERED that the Report and Recommendation is adopted, confirmed and approved in all respects. The Clerk of Court is respectfully directed enter a default judgment in favor of Plaintiff and a gainst Defendant in the amount of $10,610 in statutory damages and $7,745 in attorneys' fees and costs. Upon entry of Judgment against Defendant, the Clerk of Court is directed to close this case. (Signed by Judge Lorna G. Schofield on 7/25/2018) (kgo)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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BARCROFT MEDIA, LTD.,
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Plaintiff,
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-against:
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FASHION IN ME INC.
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Defendant. :
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X

7/25/18

16 Civ. 7574 (LGS)
ORDER

LORNA G. SCHOFIELD, District Judge:
WHEREAS, on May 10, 2017, default judgment was granted against Defendant;
WHEREAS, by separate order dated May 10, 2017, this matter was referred to Magistrate
Judge Debra C. Freeman for an inquest on damages;
WHEREAS, Plaintiff timely filed proposed findings of fact and conclusions of law, and
briefing in support thereof; and Defendant did not file materials in opposition;
WHEREAS, on June 5, 2018, Judge Freeman issued a Report and Recommendation on
an inquest on damages to award $10,610 in statutory damages and $7,745 in attorneys’ fees and
costs to Plaintiff;
WHEREAS, Plaintiff filed an affidavit on June 28, 2018, attesting that the Report and
Recommendation was served upon Defendant on June 25, 2018;
WHEREAS, no timely objection was filed;
WHEREAS, “[i]n reviewing an R & R 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). A district judge is required to “make a de novo

determination upon the record, or after additional evidence, of any portion of the magistrate
judge’s disposition to which specific written objection has been made” by any party. Fed. R.
Civ. P. 72(b). “But, where no timely objection has been made, the ‘district court need only
satisfy itself that there is no clear error on the face of the record’ to accept the R & R.” J & J
Sports Prod., Inc. v. El Ojo Aqua Corp., No. 13 Civ. 6173, 2014 WL 4699704, at *1 (E.D.N.Y.
Sept. 22, 2014) (quoting Urena v. New York, 160 F. Supp. 2d 606, 609–10 (S.D.N.Y. 2001)).
WHEREAS, the Court finds no clear error on the face of the record. It is hereby
ORDERED that the Report and Recommendation is adopted, confirmed and approved in
all respects.
The Clerk of Court is respectfully directed enter a default judgment in favor of Plaintiff
and against Defendant in the amount of $10,610 in statutory damages and $7,745 in attorneys’
fees and costs. Upon entry of Judgment against Defendant, the Clerk of Court is directed to
close this case.

Dated: July 25, 2018
New York, New York

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