Opinion
No. 08-CV-4022 (FB) (VVP).
July 7, 2010
For the Plaintiffs: LEAH MARY CAMPBELL, ESQ., JOSHUA D. ARISOHN, ESQ., MELISSA SAMANTHA GELLER, ESQ., Dewey LeBoeuf LLP, New York, NY, STEVEN KYUNG CHOI, ESQ., YKASEC, Flushing, NY.
MEMORANDUM AND ORDER
After a default judgment was entered against all defendants on January 29, 2010, the plaintiffs moved for attorneys' fees and costs. On June 21, 2010, Magistrate Judge Pohorelsky issued a Report and Recommendation (the "R R") recommending that the plaintiffs be awarded $34,254.00 in attorneys' fees and $1,561.64 in costs. See R R at 14. The R R stated that failure to object within fourteen days would preclude appellate review, see id. at 15; 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 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); no such error appears here. Accordingly, the Court adopts the R R without de novo review and directs the Clerk to award costs and fees in accordance with the R R.
SO ORDERED.