Quintero
v.
Wells Fargo Bank N.A.

This case is not covered by Casetext's citator
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORKDec 6, 2018
No. 17-CV-03932 (FB) (RER) (E.D.N.Y. Dec. 6, 2018)

No. 17-CV-03932 (FB) (RER)

12-06-2018

LUZ QUINTERO and ARMANDO QUINTERO, Plaintiffs, v. WELLS FARGO BANK N.A., LAW OFFICES OF WALTER A. ANON, P.A., LAW OFFICES OF AARON I. KATSMAN, P.C., ALEXANDER SHIRYAK, P.C., JP MORGAN CHASE BANK, N.A., HOMEBRIDGE FINANCIAL SERVICES, INC., YAKOV NIYAZOV, BYDEX B LLC, STEVEN BURROUGHS, and JOHN DOE NOS. 1 and 2, Defendants.


MEMORANDUM AND ORDER BLOCK, Senior District Judge :

On October 15, 2018, Magistrate Judge Reyes issued an Amended Report and Recommendation ("R&R") recommending that a default judgment be entered against all defendants in the total amount of $234,986.90 plus post-judgment interest at the federal statutory rate. The R&R advised that "[a]ny objection to this Report must be filed . . . within fourteen days of service," and that "[f]ailure to file any such objection waives the right to appeal the Court's Order." R&R at 7. The R&R was served on all defendants on October 19, 2018, making objections due by November 2, 2018. To date, no objections have been filed.

Where 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 Thomas v. Arn, 474 U.S. 140, 149-50 (1985); 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, however, 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 on the face of the R&R. Therefore, the Court adopts it in its entirety without de novo review. The Clerk shall enter judgment in accordance with the R&R.

SO ORDERED.

/S/ Frederic Block


FREDERIC BLOCK


Senior United States District Judge Brooklyn, New York
December 6, 2018