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Broadcast Music, Inc. v. The Living Room Steak House, Inc., 14-CV-06298 (FB) (RER). (2016)

Court: District Court, E.D. New York Number: infdco20160318c19 Visitors: 3
Filed: Mar. 17, 2016
Latest Update: Mar. 17, 2016
Summary: MEMORANDUM AND ORDER FREDERIC BLOCK , Senior District Judge . On February 26, 2015, Magistrate Judge Reyes issued a Report and Recommendation ("R&R") recommending that default judgment be entered against defendant The Living Room Steakhouse, Inc. and Anna Reckovic (collectively, "Defendants") in the amount of $24,046.90, consisting of $16,000.00 in damages and $7,500.00 in attorney's fees and $546.90 in costs. See R&R at 8, 12. The R&R provided that failure to object within fourteen days
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MEMORANDUM AND ORDER

On February 26, 2015, Magistrate Judge Reyes issued a Report and Recommendation ("R&R") recommending that default judgment be entered against defendant The Living Room Steakhouse, Inc. and Anna Reckovic (collectively, "Defendants") in the amount of $24,046.90, consisting of $16,000.00 in damages and $7,500.00 in attorney's fees and $546.90 in costs. See R&R at 8, 12. The R&R provided that failure to object within fourteen days of receipt would preclude appellate review. See id. at 13. Copies of the R&R were mailed to Defendants on March 9, 2015. To date, no objections have been filed.

If clear notice has been given of the consequences of failure to object, and there are no objections, the Court may adopt the R&R without de novo review. See Mario v. P & C Food Mkts., Inc., 313 F.3d 758, 766 (2d Cir. 2002) ("Where parties receive clear notice of the consequences, failure to timely to object to a magistrate's report and recommendation operates as a waiver of further judicial review of the magistrate's decision."). The Court will excuse the failure to object and conduct de novo review if it appears that the magistrate judge may have committed plain error. See Spence v. Superintendent, Great Meadow Corr. Facility, 219 F.3d 162, 174 (2d Cir. 2000). Magistrate Judge Reyes' R&R contains no error, let alone plain error. Accordingly, the Court adopts the R&R without de novo review and directs the Clerk to enter judgment in accordance with the R&R.

SO ORDERED.

Source:  Leagle

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