Opinion
09-CV-6654 (CS) (GAY)
11-17-2011
VIERLING COMMUNICATIONS GMBH, Plaintiff, v. THOMAS STROYLS, USNETSERVE.COM, INC. and VIERLING NORTH AMERICA, INC. Defendants.
ORDER
ADOPTING REPORT
AND RECOMMENDATION
Seibel. J.
Before the Court is the Report and Recommendation of Magistrate Judge George A. Yanthis dated September 14, 2011 (the "R&R") (Doc. 95), to whom I had referred this matter for an inquest as to damages, (Doc. 71), following the default of Defendants. In the R&R Judge Yanthis recommends that damages in the amount of $343,553.60, plus interest at 9% from February 1, 2007 until the entry of judgment, be awarded against Defendants Thomas Stroyls and USNetserve.com, Inc., and that damages in the amount of $176,546.80, plus interest at 9% from August 1, 2007 until the entry of judgment be awarded against Defendants Stroyls and Vierling North America, Inc. For reasons stated herein, the Court adopts the R&R and directs the entry of judgment as recommended.
A district court reviewing a magistrate judge's report and recommendation "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1)(C). Parties may raise objections to the magistrate judge's report and recommendation, but they must be "specific," "written," and submitted "[w]ithin 14 days after being served with a copy of the recommended disposition." Fed. R. Civ. P. 72(b)(2); accord 28 U.S.C. § 636(b)(1)(C).
Insofar as a report and recommendation deals with a dispositive motion, a district court must conduct a de novo review of those portions of the report or specified proposed findings or recommendations to which timely objections are made. 28 U.S.C. § 636(b)(1)(C); see Fed. R. Civ. P. 72(b)(3) ("The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions."). The district court may adopt those portions of a report and recommendation to which no timely objections have been made, provided no clear error is apparent from the face of the record. See Lewis v. Zon, 573 F. Supp. 2d 804, 811 (S.D.N.Y. 2008); Nelson v. Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y. 1985); Fed. R. Civ. P. 72 advisory committee's note (b).
No objections have been lodged to the R&R. I have reviewed it for clear error and find none. Accordingly, I adopt the R&R as the decision of the Court. The Clerk of Court is respectfully directed to enter judgment: 1) against Defendants Thomas Stroyls and USNetserve.com, Inc. in the amount of $343,553.60, plus interest at 9% from February 1, 2007 until the entry of judgment; and 2) against Defendants Thomas Stroyls and Vierling North America, Inc. in the amount of $176,546.80, plus interest at 9% from August 1, 2007 until the entry of judgment. The Clerk of the Court is further respectfully directed to close the case.
SO ORDERED.
Dated: November 17, 2011
White Plains, New York
CATHY SEIBEL, U.S.D.J.