Opinion
Case No. 08-CV-1308 (FB) (ALC).
September 29, 2010
DEBRA J. MILLMAN, ESQ., New York, New York, Attorney for the Plaintiff.
MEMORANDUM AND ORDER
On September 10, 2010, Magistrate Judge Carter issued a Report and Recommendation ("R R") recommending that the Court award default judgment against defendant Carlos R. Morales in the total amount of $2.00, consisting of $1.00 in nominal damages for Aram Yegoryan's negligence claim, and $1.00 in nominal damages for Zara Yegoryan's loss of consortium claim. See R R at 5. The R R stated that, for nearly a year, plaintiffs had been given multiple opportunities to submit documentation sufficient to determine damages, and failed to do so. See R R at 3, 5. The R R also stated that failure to object within fourteen days of the date of the R R would preclude further review. See id. 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 enter judgment in accordance with the R R.
SO ORDERED.
Brooklyn, NY
September 27, 2010