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Pierre v. Planet Automative, Inc., 13-CV-0675 (MKB) (JO). (2018)

Court: District Court, E.D. New York Number: infdco20180320d68 Visitors: 4
Filed: Mar. 19, 2018
Latest Update: Mar. 19, 2018
Summary: MEMORANDUM & ORDER MARGO K. BRODIE , District Judge . Plaintiff Ghislaine Pierre commenced the above-captioned action against, inter alia, 1 Defendant Planet Automotive, Inc., asserting claims under the Truth in Lending Act, 15 U.S.C. 1601, et seq. ("TILA"), Magnuson Moss Consumer Warranty Act, 15 U.S.C. 2301 et seq. ("MMWA"), and New York General Business Law, N.Y. Gen. Bus. Law 350 ("GBL"), alleging false advertising, false disclosure of financing costs, and failure to dis
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MEMORANDUM & ORDER

Plaintiff Ghislaine Pierre commenced the above-captioned action against, inter alia,1 Defendant Planet Automotive, Inc., asserting claims under the Truth in Lending Act, 15 U.S.C. §§ 1601, et seq. ("TILA"), Magnuson Moss Consumer Warranty Act, 15 U.S.C. §§ 2301 et seq. ("MMWA"), and New York General Business Law, N.Y. Gen. Bus. Law § 350 ("GBL"), alleging false advertising, false disclosure of financing costs, and failure to disclose warranty terms. (Compl., Docket Entry No. 1.) Plaintiff also asserts a claim for common law fraud. (Id.)

On June 13, 2017, the parties agreed to the entry of a default judgment, and the Court referred the determination of damages to Magistrate Judge James Orenstein for a report and recommendation. (Minute Order dated June 13, 2017.) By report and recommendation dated February 21, 2018 (the "R&R"), Judge Orenstein recommended that the Court enter a default judgment against Defendant in the total amount of $64,559.56, inclusive of all damages, costs, and reasonable attorneys' fees. (R&R, Docket Entry. No. 107.) The amount reflects $94,583.25 in attorneys' fees and $1,676.31 in costs, reduced by $31,700.00 in attorneys' fees and costs already recovered from Defendant Suzuki. (Id. at 11-12.) No amount of damages was awarded because Plaintiff had already recovered in full from Defendant Suzuki. (Id. at 6-7.) No party has objected to the R&R.

A district court reviewing a magistrate judge's recommended ruling "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)(C). "Failure to object to a magistrate judge's report and recommendation within the prescribed time limit `may operate as a waiver of any further judicial review of the decision, as long as the parties receive clear notice of the consequences of their failure to object.'" Sepe v. N.Y. State Ins. Fund, 466 F. App'x 49, 50 (2d Cir. 2012) (quoting United States v. Male Juvenile, 121 F.3d 34, 38 (2d Cir. 1997)); see also Almonte v. Suffolk Cty., 531 F. App'x 107, 109 (2d Cir. 2013) ("As a rule, a party's failure to object to any purported error or omission in a magistrate judge's report waives further judicial review of the point." (quoting Cephas v. Nash, 328 F.3d 98, 107 (2d Cir. 2003))); Wagner & Wagner, LLP v. Atkinson, Haskins, Nellis, Brittingham, Gladd & Carwile, P.C., 596 F.3d 84, 92 (2d Cir. 2010) ("[A] party waives appellate review of a decision in a magistrate judge's report and recommendation if the party fails to file timely objections designating the particular issue." (citations omitted)).

The Court has reviewed the unopposed R&R and, finding no clear error, the Court adopts the R&R in its entirety pursuant to 28 U.S.C. § 636(b)(1). Accordingly, the Court enters a default judgment against Defendant in the total amount of $64,559.56, inclusive of all damages, costs, and reasonable attorneys' fees.

SO ORDERED.

FootNotes


1. Plaintiff also brought claims against Defendant American Suzuki Financial Services ("Suzuki"). (Compl., Docket Entry No. 1.) Pursuant to a settlement agreement, Plaintiff dismissed her claims against Suzuki. (Stipulation and Order of Dismissal, Docket Entry No. 89.)
Source:  Leagle

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