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GENCH v. HOSTGATOR.COM, LLC, 14-cv-3592 (RA). (2015)

Court: District Court, S.D. New York Number: infdco20150316728 Visitors: 7
Filed: Mar. 10, 2015
Latest Update: Mar. 10, 2015
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION RONNIE ABRAMS , District Judge . Proceeding pro se, Plaintiff Susan Gench brought this action alleging violations of federal trademark and copyright law, as well as New York's law against false advertising. Defendants HostGator.com LLC, Wired Tree, and eNom Inc. have moved to dismiss the Amended Complaint for failure to state a claim. Before the Court is Magistrate Judge Gorenstein's Report and Recommendation, dated February 11, 2015, recommending
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ORDER ADOPTING REPORT AND RECOMMENDATION

Proceeding pro se, Plaintiff Susan Gench brought this action alleging violations of federal trademark and copyright law, as well as New York's law against false advertising. Defendants HostGator.com LLC, Wired Tree, and eNom Inc. have moved to dismiss the Amended Complaint for failure to state a claim. Before the Court is Magistrate Judge Gorenstein's Report and Recommendation, dated February 11, 2015, recommending that the Court grant each of the motions. By separate Order issued on the same date, Judge Gorenstein ordered that Plaintiff's objections to the Report and Recommendation, if any, would be due by March 2, 2015. No objections have been tiled.

"Where no timely objection has been made . . . a district court need only find that there is no clear error on the face of the record in order to accept the Report and Recommendation." Pineda v. Masonry Const., Inc., 831 F.Supp.2d 666, 670 (S.D.N.Y. 2011) (internal quotation marks omitted). The Court has reviewed the Report and Recommendation for clear error and found none. The Court therefore adopts the Report and Recommendation.

As stated in the Report and Recommendation, failure to timely object precludes appellate review of this decision. See, e.g., Wagner & Wagner, LLP v. Atkinson, Haskins, Nellis, Brittingham, Gladd & Carwile, P.C., 596 F.3d 84, 92 (2d Cir. 2010).

The Clerk of Court is respectfully requested to close the motions pending at docket numbers 14, 22, 23, and 63.

SO ORDERED.

Source:  Leagle

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