Opinion
No. 05-CV-5903 (FB) (VVP).
September 21, 2009
For the Plaintiffs: PATRICK ALAN TRAIN-GUTIERREZ, ESQ., Kaplan Landau LLP, New York, NY.
MEMORANDUM AND ORDER
On August 19, 2009, Magistrate Judge Pohorelsky issued a Report and Recommendation ("R R") recommending that the Court (1) enter a default judgment against defendant in the amount of $280,000.00 in statutory damages, $7,902.56 in attorney's fees, and $1,135.34 in costs; (2) permanently enjoin defendants from infringing any of plaintiffs' respective copyrights; and (3) enter an order requiring the delivery of all unauthorized sound recordings in the defendants' possession to the plaintiffs. See R R at 18. The R R also stated that failure to object within ten days would preclude appellate review. See id. Attorney for plaintiffs mailed a copy of the R R to defendant on August 27, 2009; 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.