Summary
awarding $5,000 in statutory damages
Summary of this case from J J Sports Productions, Inc. v. ValdezOpinion
No. 05 CV 1042 (GBD) (RLE).
March 20, 2006
ORDER
After entering a judgment of default in this action, the Court referred this matter to Magistrate Judge Ronald L. Ellis for an inquest of damages. He issued a Report and Recommendation ("Report") recommending that plaintiff be awarded $5,000 in statutory damages and $25,000 in enhanced damages, for a total of $30,000. In the Report, Magistrate Judge Ellis advised the parties that failure to file timely objections to the Report will constitute a waiver of those objections in both the District Court and on later appeal to the United States Court of Appeals. No party filed objections to the Report and the time to do so has expired. 28 U.S.C. § 636(b)(1).
The Court may accept, reject or modify, in whole or in part, the findings and recommendation set forth within the Report. 28 U.S.C. § 636(b)(1). Where there are no objections, the Court may accept the Report provided there is no clear error on the face of the record. Nelson v. Smith, 618 F.Supp. 1186, 1189 (S.D.N.Y. 1985); see also Heisler v. Kralik, 981 F.Supp. 830, 840 (S.D.N.Y. 1997), aff'd sub nom. Heisler v. Rockland County, 164 F.3d 618 (2d Cir. 1998).
After reviewing the Report, the Court finds that the record is not facially erroneous. Therefore, the Court adopts the Report in its entirety and, for the reasons stated therein, the Court directs the Clerk of the Court to enter judgment in accordance therewith.
SO ORDERED.