SourceCode Communications LLC v. In-telligent LLC

District Court, S.D. New York

SourceCode Communications LLC v. In-telligent LLC

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------- X : SOURCECODE COMMUNICATIONS LLC, : : Plaintiff, : : - against - : 21-CV-10519 (VSB) (RWL) : IN-TELLIGENT LLC. : ORDER : Defendant. : : --------------------------------------------------------- X

VERNON S. BRODERICK, United States District Judge: Before me is Magistrate Judge Robert W. Lehrburger’s unchallenged Report and Recommendation, entered on May 25, 2022, after I awarded Plaintiff default judgment and referred this matter for an inquest on damages (the “Report”). (Doc. 38 (“R&R”).) Judge Lehrburger recommends that Plaintiff be awarded (1) $153,339 in damages; (2) prejudgment interest at the statutory rate of 9% as calculated by the Clerk of Court; (3) $30,108.32 in attorneys’ fees; (4) $1,356.97 in costs; and (5) postjudgment interest at the statutory rate. (Id. at 1.) In reviewing a magistrate judge’s report and recommendation, a district court “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 specific, written objections to the report and recommendation within 14 days of being served with a copy of the report. Id.; see also Fed. R. Civ. P. 72(b)(2). When a party submits a timely objection, a district court reviews de novo the parts of the report and recommendation to which the party objected.

28 U.S.C. § 636

(b)(1)(C); see also Fed. R. Civ. P. 72(b)(3). When neither party submits an objection to a report and recommendation, or any portion thereof, a district court reviews the report and recommendation for clear error. See Rodriguez v. Clearbrook Mgmt. Inc., No. 22CV04442JLRSLC,

2023 WL 112756

, at *1 (S.D.N.Y. Jan. 5, 2023); Caballero v. Comm’r of Soc. Sec., No. 18-CV-7794 (VEC),

2019 WL 2602849

, at *1 (S.D.N.Y. June 25, 2019). Judge Lehrburger notified the parties that “[p]ursuant to

28 U.S.C. § 636

(b)(1) and Rules 72, 6(a), and 6(d) of the Federal Rules Of Civil Procedure, [they had] fourteen (14) days to file written objections to [his] Report And Recommendation.” (R&R 18.) Here, neither party objected to the Report or requested additional time to file objections. Accordingly, I have reviewed Judge Lehrburger’s thorough and well-reasoned Report for clear error and, after careful review, found none. Accordingly, I ADOPT the Report. The Clerk of Court is respectfully directed to enter judgment per the terms stated in the Report and to terminate this action. SO ORDERED. Dated: March 30, 2023 New York, New York , _ L/AON □ AATO-O7 ha Vernon S. Broderick United States District Judge

Reference

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