Taylor v. NYC Fresh Market

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------x STANLEY TAYLOR, Plaintiff, MEMORANDUM & ORDER 19-CV-4797(EK)(LB) -against- NEW YORK CITY FRESH MARKET and JOHN DOE, Security Guard, Defendants. ------------------------------------x ERIC KOMITEE, United States District Judge: The Court has received Magistrate Judge Lois Bloom’s Report and Recommendation (R&R) dated December 23, 2020. ECF No. 20. Judge Bloom recommends that I grant Plaintiff’s motion for default in part and deny it in part. Neither party has filed objections and the time to do so has expired. Accordingly, the Court reviews the R&R for clear error on the face of the record. See Advisory Comm. Notes to Fed. R. Civ. P. 72(b); accord State Farm Mut. Auto. Ins. Co. v. Grafman, 968 F. Supp. 2d 480, 481 (E.D.N.Y. 2013). Having reviewed the record, the Court finds no clear error. For the reasons stated in Judge Bloom’s R&R, along with those set out in Pierre v. J.C. Penney Co., Inc., 340 F. Supp. 2d 308 (E.D.N.Y. 2004), I adopt the R&R in its entirety pursuant to 28 U.S.C. § 636 (b)(1). Therefore, Plaintiff’s motion for default judgment is granted as to liability on his 42 U.S.C. § 1981 , false-imprisonment, and New York City Human Rights Law claims, but denied on his intentional-infliction-of-emotional-distress claim. I also deny Plaintiff’s request for damages at this stage. The case is referred to Magistrate Judge Bloom for further proceedings to determine and recommend the amount of damages. SO ORDERED. /s Eric Komitee___________________ ERIC KOMITEE United States District Judge Dated: July 13, 2021 Brooklyn, New York