Opinion

Lighting & Supplies, Inc. v. New Sunshine Energy Solutions INC

Court
District Court, E.D. New York
Filed
Mar 29, 2023
Cited by
0 cases
Authority
More cited than 26.7%

“Where parties receive clear notice of the consequences, failure to timely object to a magistrate's report and recommendation operates as a waiver of further judicial review of the magistrate's decision.”

How later courts described this case

  • “Where parties receive clear notice of the consequences, failure to timely object to a magistrate's report and recommendation operates as a waiver of further judicial review of the magistrate's decision.”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

LIGHTING & SUPPLIES, INC.,

MEMORANDUM AND ORDER

Plaintiff,

Case No. 20-CV-2790 (FB) (VMS)

-against-

NEW SUNSHINE ENERGY SOLUTIONS

INC., NEW SUNSHINE

MANUFACTURING CO., LTD.,

SHENZHEN ZHAOPENG TECHNOLOGY

CO. LTD., DONGGUAN ZHAOPENG

LIGHTING TECHNOLOGY CO. LTD., and

NEW SUNSHINE LIGHTING, INC.,

Defendants.

Appearances:

For the Plaintiff:

ANDREW BOCHNER

Bochner IP, PLLC

295 Madison Ave 12th Floor

New York, NY 10017

JONATHAN L. ADLER

JACOB E. LEWIN

Stein Adler Dabah Zelkowitz LLP

1633 Broadway 46th Floor

New York, NY 10019

BLOCK, Senior District Judge:

On March 15, 2023, Magistrate Judge Vera M. Scanlon issued a Report and

Recommendation (“R&R”) recommending that Plaintiffs’ motion for damages be

granted in part and denied in part. Plaintiff filed this action against Defendants

New Sunshine Energy Solutions Inc. (“NSES”), New Sunshine Manufacturing Co.,

Ltd. (“NSMC”), Shenzhen Zhaopeng Technology Co. Ltd. (“SZT”); Dongguan

Zhaopeng Lighting Technology Co. Ltd. (“DZLT”), and New Sunshine Lighting,

Inc. (“NSL”) (collectively, “Defendants”), alleging trademark infringement

pursuant to Section 32(1) of the Lanham Act, 15 U.S.C. § 1114(1), unfair

competition and false designation of origin under Section 43(a) of the Lanham Act,

15 U.S.C. § 1125(a), and supplemental claims under New York law.

On February 10, 2022, Magistrate Judge Scanlon recommended that this

Court grant Plaintiff’s motion for default judgment on liability with respect to

Counts I, III, and V, and deny without prejudice Plaintiff’s request for injunctive

relief. This Court adopted Magistrate Scanlon’s March 10 recommendation after

no parties objected. In the instant motion, Plaintiff seeks statutory damages of

$50,000 per infringed mark from Defendants NSL and NSES, as well as attorneys’

fees and costs. Magistrate Judge Scanlon recommends this motion be granted in

part and denied in part.

Specifically, the R&R recommends awarding Plaintiffs the following

damages: (1) $250,000, which is equivalent to $50,000 for each of the five

infringed marks; (2) $1,692.35 in costs; and (3) post-judgment interest on those

awards “calculated from the date of the entry of the judgment, at a rate equal to the

weekly average 1-year constant maturity Treasury yield, as published by the Board

of Governors of the Federal Reserve System, for the calendar week preceding the

date of the judgment” under 28 U.S.C. § 1961(a). The R&R recommends denying

Plaintiff’s request for attorney’s fees. The R&R also recommends dismissing

Defendants NSMC, SZT, and DZLT from this action because Plaintiff has waived

any claim for damages against them, as well as the claims as to which Plaintiff has

failed to timely move for a default judgment as to damages or claims for injunctive

relief.

Magistrate Judge Scanlon’s R&R stated that failure to object within fourteen

days of the date of the R&R waives the right to appeal, precluding further review

either by this Court or the Court of Appeals. 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 Smith v.

Campbell, 782 F.3d 93, 102 (2d Cir. 2015) (“Where parties receive clear notice of

the consequences, failure to timely object to a magistrate's report and

recommendation operates as a waiver of further judicial review of the magistrate's

decision.”) (internal citations omitted). 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.

SO ORDERED.

_/S/ Frederic Block__________

FREDERIC BLOCK

Senior United States District Judge

Brooklyn, New York

March 29, 2023

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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