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Andrews v. City of N.Y.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
Sep 29, 2015
14-CV-1721 (FB) (CLP) (E.D.N.Y. Sep. 29, 2015)

Summary

finding that costs were insufficiently documented when Plaintiff provided only a "three-line summary of costs"

Summary of this case from Shim-Larkin v. City of N.Y.

Opinion

14-CV-1721 (FB) (CLP)

09-29-2015

GREGORY ANDREWS, Plaintiff, v. THE CITY OF NEW YORK, et al., Defendants.

Appearances: For the Plaintiff: JOHN JOSEPH NONNENMACHER 744 Fairmount Avenue Chatham, NJ 07928 For the Defendants: MELANIE MARY SPEIGHT New York City Law Department 100 Church Street New York, NY 10007


MEMORANDUM AND ORDER Appearances:
For the Plaintiff:
JOHN JOSEPH NONNENMACHER
744 Fairmount Avenue
Chatham, NJ 07928
For the Defendants:
MELANIE MARY SPEIGHT
New York City Law Department
100 Church Street
New York, NY 10007
BLOCK, Senior District Judge :

On September 10, 2015, Magistrate Judge Cheryl L. Pollak issued a Report and Recommendation ("R&R") recommending that plaintiff's counsel be awarded $11,970.00 in fees and $400.00 in costs. The R&R further provided that failure to object within fourteen days would preclude appellate review. To date, no objections have been filed.

If clear notice has been given of the consequences of the 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 a 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). No such error appears here. Accordingly, the Court adopts the R&R without de novo review and directs the Clerk of the Court to enter judgment in accordance with the R&R.

SO ORDERED.

/S/ Frederic Block

FREDERIC BLOCK

Senior United States District Judge
Brooklyn, New York
September 29, 2015


Summaries of

Andrews v. City of N.Y.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
Sep 29, 2015
14-CV-1721 (FB) (CLP) (E.D.N.Y. Sep. 29, 2015)

finding that costs were insufficiently documented when Plaintiff provided only a "three-line summary of costs"

Summary of this case from Shim-Larkin v. City of N.Y.
Case details for

Andrews v. City of N.Y.

Case Details

Full title:GREGORY ANDREWS, Plaintiff, v. THE CITY OF NEW YORK, et al., Defendants.

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

Date published: Sep 29, 2015

Citations

14-CV-1721 (FB) (CLP) (E.D.N.Y. Sep. 29, 2015)

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