Opinion
Case No. 05-CV-1044 (FB) (MDG).
November 30, 2007
Appearances: For the Plaintiff: JULIE COHEN LONSTEIN, ESQ. Lonstein Law Office, P.C. Ellenville, NY.
MEMORANDUM AND ORDER
On September 7, 2007 Magistrate Judge Go issued a Report and Recommendation ("R R") recommending plaintiff be awarded $38,730 against defendants jointly and severally, consisting of $7,500 in statutory damages, $30,000 in enhanced damages, $750 in attorneys' fees and $480 in costs. See R R at 15. The R R also stated that a copy was sent via overnight delivery to defendants and that "[a]ny objections must be field . . . on or before September 24, 2007. Failure to file timely objections may wive the right ot appeal the District Court's Order." Id. at 16. 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.