Summary
reducing attorney's fees by 66% based on excessiveness of both hours and rates billed
Summary of this case from DirecTV, Llc. v. BorbonOpinion
No. 12-CV-3830 (FB) (VVP)
03-13-2014
JOE HAND PROMOTIONS, INC., Plaintiff, v. JOSEPH TERRANOVA, Individually, and as officer, director, and shareholder, and/or principal of TRIPLE J PROPERTY & DEVELOPMENT CORP., d/b/a NYC CARTEL, and TRIPLE J PROPERTY & DEVELOPMENT CORP., d/b/a NYC CARTEL, Defendants.
For the Plaintiff: JON DAMON JEKIELEK, ESQ. Jekielek & Janis LLP For the Defendants:
MEMORANDUM AND ORDER
Appearances:
For the Plaintiff:
JON DAMON JEKIELEK, ESQ.
Jekielek & Janis LLP
For the Defendants:
BLOCK, Senior District Judge:
On February 5, 2014, Magistrate Judge Viktor V. Pohorelsky issued a Report and Recommendation ("R&R") recommending that plaintiff's motion for default judgment be granted and that judgment be entered in favor of plaintiff in the total amount of $4,682.50, which includes $3,300 in statutory damages and $1,382.50 in attorney's fees and costs. Magistrate Judge Pohorelsky also recommended that plaintiff's application for injunctive relief be denied.
The R&R states that "[a]ny objections to the Report and Recommendation above must be filed with the Clerk of Court within 14 days of receipt of this report. Failure to file objections within the specified time waives the right to appeal any judgment or order entered by the District Court in reliance on this Report and Recommendation." R&R at 18. To date, no objections have been filed.
Where, as here, 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 Thomas v. Arn, 474 U.S. 140, 149-50 (1985); Mario v. P & C Food Mkts., Inc., 313 F.3d 758, 766 (2d Cir. 2002) ("Where parties receive clear notice of the consequences, failure 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).
As no error appears on the face of Magistrate Judge Pohorelsky's R&R, the Court adopts it without de novo review. Accordingly, the Court directs the Clerk to enter judgment against defendants, Joseph Terranova and Triple J Property & Development Corp., jointly and severally, in the amount of $4,682.50. In addition, plaintiff's application for injunctive relief is denied.
SO ORDERED.
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FREDERIC BLOCK
Senior United States District Judge
Brooklyn, New York
March 13, 2014