Direct Capital Corporation v. American Tank Company, Inc. et al

Filing 17

/// ORDER approving 16 Report and Recommendation; granting in part and denying in part as set forth herein 14 Motion for Default Judgment. So Ordered by Judge Steven J. McAuliffe.(jbw)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Direct Capitol Corporation
v.

Case No. 16-cv-366-SM

American Tank Company, Inc.
and Lawrence Romero

O R D E R

No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated October 26, 2017, for the reasons set forth
therein.

The court adds only that the contract ("Master

Agreement", Para. 15) provides for the recovery of fees,
presumably including attorney's fees, associated with necessary
collection efforts.
Direct Capitol Corporation’s (DCC) Motion for Default
Judgment (doc. no. 14) is hereby granted in part as to its
breach of contract claims against American Tank Company and
Lawrence Romero, awarded damages in the amount of $225,011.97,
and awarded costs in the amount of $552.51.

DCC’s request for

attorney’s fees is denied without prejudice to refiling a new
motion with the appropriate supporting documentation within
fifteen (15) days of the date of this order.
“‘[O]nly those issues fairly raised by the objections to

the magistrate's report are subject to review in the district
court and those not preserved by such objection are precluded on
appeal.’”

School Union No. 37 v. United Nat'l Ins. Co., 617

F.3d 554, 564 (1st Cir. 2010) (quoting Keating v. Secretary of
Health & Human Servs., 848 F.2d 271, 275 (1st Cir.1988)); see
also United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir.
1986) (after proper notice, failure to file a specific objection
to magistrate's report will waive the right to appeal).
Additionally, finding that the petitioner has failed to make a
substantial showing of the denial of a constitutional right, the
court declines to issue a certificate of appealability.

See 28

U.S.C. § 2253(c)(2); Rule 11, Rules Governing Habeas Corpus
Cases Under Section 2254; First Cir. LR 22.0.

____________________________
Steven J. McAuliffe
United States District Judge
Date: November 15, 2017
cc:

Thomas K. McCraw, Jr., Esq.