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RYECO, LLC, Plaintiff, v. LEGEND PRODUCE INC., NATALIE H. EFRAIMOV, AND SOLOMON MURATOV A.K.A. SHLOMO MURATOV, Defendants.

FREDERIC BLOCK, SENIOR UNITED STATES DISTRICT JUDGE

Appearances:

For the Plaintiff:

GREGORY ADAM BROWN

McCarron & Diess

MEMORANDUM AND ORDER

FREDERIC BLOCK, SENIOR UNITED STATES DISTRICT JUDGE

On May 24, 2021, Magistrate Judge Ramon E. Reyes, Jr. issued a Report and Recommendation (“R&R”), recommending “that Ryeco's motion for default judgment be granted, and that Defendants be held jointly and severally liable to Ryeco for $38, 534.90 in damages, $400 in costs, $7, 302 in attorneys' fees, plus pre-judgment interest.” ECF No. 16 at 1.

The R&R stated that failure to object within fourteen days of the date of the R&R precludes further review. No. objections were filed. If clear notice has been given of the consequences of failing to object and there are no objections, the Court may adopt the R&R without de novo review. See, e.g., Smith v. Campbell, 782 F.3d 93, 102 (2d Cir. 2015). 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 in Magistrate Judge Reyes' extremely thorough and thoughtful decision.

Accordingly, the Court ADOPTS the R&R and orders that Efraimov and Muratov be held jointly and severally liable with Legend Produce, and that Ryeco be awarded damages in the total sum of $49, 020.40, comprised of: (i) $38, 534.90 in damages; (ii) $7, 302 in attorneys' fees; (iii) $400 in costs; and (iv) $2, 783.50 in pre-judgment interest through today's date, plus (v) pre-judgment interest from today's date through the date that the Clerk of Court enters judgment at a rate of $9.50 per day.

SO ORDERED.

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Ryeco, LLC v. Legend Produce Inc.
(Jul 1, 2021)