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finding $200 a reasonable hourly rate for attorney's fees
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Case No. 11-CV-1214 (FB) (MDG)
2013-09-30
JOE HAND PROMOTIONS, INC., Plaintiff, v. TRACY BLAIS, individually and as an officer, director, shareholder and/or principal of Lonestar Bar & Grill, and TRACY BLAIS d/b/a LONESTAR BAR & GRILL, Defendants.
MEMORANDUM AND ORDER
BLOCK, Senior District Judge:
On September 10, 2013, Magistrate Judge Go issued a report and recommendation ("R&R") recommending that judgment be entered against defendants in the amount of $6,000. The R&R recited that "[a]ny objections must be filed . . . by September 27, 2013," and that "[f]ailure to file timely objections may waive the right to appeal the District Court's Order." R&R at 17. The R&R was mailed to defendants' last known address on September 11. 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 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, however, 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).
The R&R contains no error, let alone plain error. Accordingly, the Court adopts it without de novo review. The Clerk is directed to enter judgment accordingly.
SO ORDERED.
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FREDERIC BLOCK
Senior United States District Judge
September 30, 2013
Brooklyn, New York