Simhaq v. Kid Carter Touring, Inc.

• Court: District Court, E.D. New York
• Decided: August 26, 2021
• Docket: 1:20-cv-02057
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------x

ALI SIMHAQ, Plaintiff,

-against- MEMORANDUM AND ORDER 20-CV-2057 (RPK) (RER) KID CARTER TOURING, INC. and AARON CARTER,

Defendants.

----------------------------------------------------x RACHEL P. KOVNER, United States District Judge: Ali Simhaq brought this action against Kid Carter Touring, Inc., and Aaron Carter for copyright infringement under Section 501 of the Copyright Act, 17 U.S.C. § 501, and Section 1202(b) of the Digital Millennium Copyright Act, 17 U.S.C. § 1202. See Compl. (Dkt. #1). Defendants were served but never appeared. See Executed Summons (Dkt. #7); Executed Summons (Dkt. #8); Request for Certificate of Default (Dkt. #9); Entry of Default (Dkt. #10). Plaintiff moved for default judgment. See Mot. for Default J. (Dkt. #14). Plaintiff’s motion was referred to Magistrate Judge Ramon E. Reyes, Jr., for a report and recommendation. See Order Referring Mot. (Feb. 18, 2021). Judge Reyes, Jr., recommends that the motion for default judgment be granted, and that plaintiff be awarded a total of $7,220 as well as post-judgment interest. See Report and Recommendation (“R. & R.”) at 15 (Dkt. #1). 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). No party has objected to the R. & R. within the time required by Section 636(b)(1). When no party has objected to a magistrate judge’s recommendation, the recommendation is reviewed, at most, for “clear error.” See Fed. R. Civ. P. 72(b), Advisory Committee’s Notes (1983) (“When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.”); see, e.g., Alvarez Sosa v. Barr, 369 F. Supp. 3d 492, 497 (E.D.N.Y. 2019). Clear error will only be found only when, upon review of the entire record, the Court is left with “the definite and firm conviction that a mistake has been committed.” United States v. Snow, 462 F.3d 55, 72 (2d Cir. 2006). I have reviewed

Judge Reyes, Jr.’s report and recommendation and, having found no clear error, adopt it in full. Plaintiff’s motion for default judgment is granted. Damages, fees, and costs are awarded as calculated in the report and recommendation. Plaintiff is directed to serve a copy of this order on defendant. The Clerk of Court is directed to enter judgment accordingly and to close this case. SO ORDERED. /s/ Rachel Kovner RACHEL P. KOVNER United States District Judge

Dated: August 26, 2021 Brooklyn, New York