McGlynn v. Towers Investors.com Inc.
OPINION & ORDER re: 57 Report and Recommendations. For the foregoing reasons, the Court grants the motion for damages and costs in the amount of $5,400. The Court respectfully directs the Clerk to mail a copy of this decision to plaintiff at the address on file. (Signed by Judge Paul A. Engelmayer on 6/3/2021) (nb) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
19 Civ. 89 (PAE) (GWG)
OPINION & ORDER
TOWERS INVESTORS.COM INC.,
PAUL A. ENGELMAYER, District Judge:
Currently pending is plaintiff David McG!ynn's motion for default judgment against
Towers Investors.com Inc for copyright infringement under 17 U.S.C. §§ 106, 501 of the Copyright
Act, and removal and/or alteration of copyright management information under 17 U.S.C. § 1202(b).
Before the Court is the May 5, 2021 Report and Recommendation of the Gabriel W. Gorenstein,
United States Magistrate Judge, recommending that the Court grant the motion for damages and
costs in the amount of $5,400. Dkt. 57 ("Report"). The Court incorporates by reference the
summary of the facts provided in the Report. For the following reasons, the Court adopts this
In reviewing a Report and Recommendation, a district court "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)(l)(C). "To accept those portions of the report to which 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." Ruiz v. Citibank, NA., No. 10 Civ. 5950 (KPF), 2014 WL 4635575, at *2 (S.D.N.Y.
Aug. 19, 2014) (quoting King v. Greiner, No. 02 Civ. 5810 (DLC), 2009 WL 2001439, at *4
(S.D.N.Y. July 8, 2009)); see also, e.g., Wilds v. United Parcel Serv., 262 F. Supp. 2d 163, 169
As no party has submitted objections to the Report, review for clear error is appropriate.
Careful review of Judge Gorenstien's thorough and well-reasoned Report reveals no facial error
in its conclusions; the Report is therefore adopted in its entirety. Because the Report explicitly
states that failure to object within fourteen (14) days will result in a waiver of objections and will
preclude appellate review, Report at 17, the parties' failure to object operates as a waiver of
appellate review. See Caidor v. Onondaga Cty., 517 F .3d 601, 604 (2d Cir. 2008) (citing Small
v. Sec'y ofHealth & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989) (per curiam)).
For the foregoing reasons, the Court grants the motion for damages and costs in the
amount of $5,400. The Court respectfully directs the Clerk to mail a copy of this decision to
plaintiff at the address on file.
United States District Judge
Dated: June 3, 2021
New York, New York
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