Silverman & Silverman, LLP v. Pacifica Found.

Full title: SILVERMAN & SILVERMAN, LLP, Plaintiff, v. PACIFICA FOUNDATION, Defendant.

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

Date published: Nov 12, 2015

11-CV-1894 (FB) (RML) (E.D.N.Y. Nov. 12, 2015)

Opinion

11-CV-1894 (FB) (RML)

11-12-2015

SILVERMAN & SILVERMAN, LLP, Plaintiff, v. PACIFICA FOUNDATION, Defendant.

Appearances: For the Plaintiff: ARTHUR Z. SCHWARTZ Advocates for Justice 225 Broadway, Ste 1902 New York, NY 10007 SCOTT E. KOSSOVE L'Abbate, Balkan, Colavita & Contin 1050 Franklin Avenue Garden City, NY 11530 For the Defendants: PACIFICA FOUNDATION, Pro Se

BLOCK, Senior District Judge

MEMORANDUM AND ORDER Appearances:
For the Plaintiff:
ARTHUR Z. SCHWARTZ
Advocates for Justice
225 Broadway, Ste 1902
New York, NY 10007
SCOTT E. KOSSOVE
L'Abbate, Balkan, Colavita & Contin
1050 Franklin Avenue
Garden City, NY 11530
For the Defendants:
PACIFICA FOUNDATION, Pro Se
BLOCK, Senior District Judge :

On September 21, 2015, Magistrate Judge Robert Levy issued a Report and Recommendation ("R&R") recommending that Plaintiff be awarded $65,076 in damages, and prejudgment interest totaling $29,284.20 and $16.05 per day until the date of entry of judgment. R&R at 14. The R&R further provided that failure to object within fourteen days would preclude appellate review. Id. To date, no objections have been filed.

If clear notice has been given of the consequences of the 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 to 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 a 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 of the Court to enter judgment in accordance with the R&R.

SO ORDERED.

/S/ Frederic Block

FREDERIC BLOCK

Senior United States District Judge
Brooklyn, New York
November 12, 2015