POSSUMATO et al v. JONES

Filing 25

OPINION. Signed by Judge Stanley R. Chesler on 2/21/2017. (ld, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
NOT FOR PUBLICATION

RICHARD POSSUMATO, JR., and GINA
POSSUMATO, his wife,
Plaintiffs,
v.
LOUIS B. JONES, JR.,
Defendant.

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Civil Action No. 14-cv-0155 (SRC)(CLW)

OPINION

CHESLER, District Judge
This matter comes before the Court upon the motion by Plaintiffs Richard Possumato, Jr.,
and Gina Possumato (“Plaintiffs”) for default judgment as to Defendant Louis B. Jones, Jr.
(Docket Entry No. 16), which the Court granted as to the issue of liability by Order dated
December 10, 2016 (Docket Entry No. 17). In the Court’s December 10, 2016, Order, the Court
directed that the amount of damages be determined at a hearing before Magistrate Judge Cathy
L. Waldor, pursuant to Fed. R. Civ. P. 55(b)(2) and 28 U.S.C. § 636(b)(1)(B).
Magistrate Judge Waldor held a proof hearing on June 20, 2016, and requested
submissions from the parties. On November 4, 2016, Magistrate Judge Waldor issued a Report
and Recommendation (“R&R”), pursuant to Fed. R. Civ. P. 72(b), L. Civ. R. 72.1(a)(2), and 28
U.S.C. § 636(b)(1)(B). (Docket Entry No. 24.) The R&R recommends that the Court award
Plaintiffs a judgment in the amount of $50,000.00.
Title 28 U.S.C. § 636(b)(1)(C) provides that, within ten days of service of a magistrate
judge’s recommended disposition, any party to an action may file specific written objections to

the magistrate judge’s proposed findings and recommendations. The statute also provides that a
district judge must conduct a de novo review of those portions of the magistrate judge’s R&R to
which objection is made. The time for filing objections to Magistrate Judge Waldor’s R&R
expired on November 18, 2016. To date, no objections have been filed.
This Court has reviewed the November 4, 2016, R&R under the appropriate standards, and it
agrees with Magistrate Judge Waldor’s analysis and conclusion. Therefore, the November 4,
2016, R&R is hereby adopted as the Opinion of the Court. The Court will enter default
judgment in favor of Plaintiffs in the amount of $50,000.00, plus post-judgment interest. An
appropriate Judgment shall be entered.

/s Stanley R. Chesler
STANLEY R. CHESLER
United States District Judge

Dated: February 21, 2017

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