Opinion
14-CV-1570(JS)(GRB)
08-12-2016
INEZ NICAISSE, Plaintiff, v. STEPHENS AND MICHAELS ASSOCIATES, INC., Defendant.
APPEARANCES For Plaintiff: Alan J. Sasson, Esq. Law Office of Alan J. Sasson, P.C. 1669 East 12th Street Brooklyn, NY 11229 Mark H. Rephen, Esq. M. Harvey Rephen & Associate 708 3rd Avenue, Sixth Floor New York, NY 10017 Yitzchak Zelman, Esq. Marcus Zelman LLC 1500 Allaire Avenue, Suite 101 Ocean, NJ 07712 For Defendant: Jonathan David Elliot, Esq. Michael Anthony Carbone, Esq. Sabato Pellegrino Fiano, Esq. Drummond C. Smith, Esq. Zeldes, Needle & Cooper 1000 Lafayette Boulevard Bridgeport, CT 06604
MEMORANDUM & ORDER
APPEARANCES
For Plaintiff: Alan J. Sasson, Esq.
Law Office of Alan J. Sasson, P.C.
1669 East 12th Street
Brooklyn, NY 11229 Mark H. Rephen, Esq.
M. Harvey Rephen & Associate
708 3rd Avenue, Sixth Floor
New York, NY 10017 Yitzchak Zelman, Esq.
Marcus Zelman LLC
1500 Allaire Avenue, Suite 101
Ocean, NJ 07712 For Defendant: Jonathan David Elliot, Esq.
Michael Anthony Carbone, Esq.
Sabato Pellegrino Fiano, Esq.
Drummond C. Smith, Esq.
Zeldes, Needle & Cooper
1000 Lafayette Boulevard
Bridgeport, CT 06604 SEYBERT, District Judge:
Pending before the Court is Magistrate Judge Gary R. Brown's Report and Recommendation ("R&R") recommending that this Court grant plaintiff Inez Nicaisse's ("Plaintiff") motion for attorneys' fees and costs (Docket Entry 30) and award Plaintiff attorneys' fees and costs totaling $13,168.65. For the following reasons, the Court ADOPTS Judge Brown's R&R in its entirety.
BACKGROUND
On March 10, 2014, Plaintiff commenced this action against defendant Stephens and Michaels Associates, Inc. ("Defendant"), asserting a claim under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et. seq. (the "FDCPA"). (See generally Compl.) The Complaint alleges that Defendant, a debt collector, violated the FDCPA by leaving a misleading voice message regarding a consumer debt that was overheard by Plaintiff's daughter. (Compl. ¶¶ 5, 22-6.) On August 21, 2015, Plaintiff moved for summary judgment. (Docket Entry 24.) On December 28, 2015, the Court awarded Plaintiff summary judgment on the issue of liability and directed Plaintiff to file a separate application for attorneys' fees and costs. (Docket Entry 29.)
On January 15, 2016, Plaintiff filed a motion for attorneys' fees. (Docket Entry 30.) On April 12, 2016, the Court referred Plaintiff's motion to Judge Brown for an R&R on whether the motion should be granted and the appropriate amount of costs and fees to be awarded. (Docket Entry 31.) On June 9, 2016, Judge Brown issued his R&R. (Docket Entry 32.) The R&R recommends that the Court grant Plaintiff's motion and award Plaintiff $12,447.00 in attorneys' fees and $721.65 in costs, for a total award of $13,168.65. (R&R at 21.)
DISCUSSION
In reviewing an R&R, a district court "may accept, reject, or modify, in whole or in part, the findings and recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1)(C). If no timely objections have been made, the "court need only satisfy itself that there is no clear error on the face of the record." Urena v. New York, 160 F. Supp. 2d 606, 609-10 (S.D.N.Y. 2001) (internal quotation marks and citation omitted).
Objections were due within fourteen days of service of the R&R. The time for filing objections has expired, and no party has objected. Accordingly, all objections are hereby deemed to have been waived. Upon careful review and consideration, the Court finds Judge Brown's R&R to be comprehensive, well-reasoned, and free of clear error, and it ADOPTS the R&R in its entirety.
CONCLUSION
Judge Brown's R&R (Docket Entry 32) is ADOPTED in its entirety and Plaintiff is awarded $12,447.00 in attorneys' fees and $721.65 in costs. The Clerk of the Court is directed to enter judgment accordingly and mark this case CLOSED.
SO ORDERED
/s/ JOANNA SEYBERT
Joanna Seybert, U.S.D.J. Dated: August 12, 2016
Central Islip, New York