WILSHIRE BANK v. CHON et al

Filing 403

ORDER and JUDGMENT that the 388 Report and Recommendations granting 308 as to Defendant MIYE CHON in the amount of $1,351,090.00 and for Default Judgment against Defendants BERGENFIELD BAGEL & CAFE INC., MAYWOOD BAGEL INC., UB'S PIZZA A ND BAGEL INC., UB'S BAGEL & CAFE INC., and UBK BAGELS CORP., jointly and severally in the amount of $538,032.90, but denying the Motion as to Defendant TAE JONG KIM is ADOPTED and AFFIRMED. Etc. Signed by Judge Kevin McNulty on 12/9/2020. (bt, )

Case 2:14-cv-01770-KM-JAD Document 403 Filed 12/09/20 Page 1 of 2 PageID: 5025

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

BANK OF HOPE,

Civ. No. 14-1770 (KM)

Plaintiff,

ORDER & JUDGMENT

v.
MIYE CHON, et al.,
Defendants.

IT APPEARING that, on March 18, 2020, the Hon. Joseph A. Dickson,
U.S. Magistrate Judge, filed a Report and Recommendation (DE 388) that the
Court grant the motion (DE 308) of Plaintiff/Counterclaim Defendant Bank of
Hope (“Plaintiff” or “Bank of Hope”) for default judgment pursuant to Federal
Rule of Civil Procedure 55, against Defendant Miye Chon (“Ms. Chon”) in the
amount of $1,351,090.00 and for default judgment against Defendants
Bergenfield Bagel & Café Inc., Maywood Bagel Inc., UB’s Pizza and Bagel Inc.,
UB’s Bagel & Café Inc., and UBK Bagels Corp. (the “Corporate Defendants”),
jointly and severally, in the amount of $538,032.90, but denying the motion as
to defendant Tae Jong Kim (“Mr. Kim”); and
IT APPEARING that no objection to the R&R (DE 388), timely or
otherwise, has been filed, see Fed. R. Civ. P. 72(b); L. Civ. R. 72.1c(2); and
THE COURT having reviewed the Report and Recommendation de novo
despite the lack of an objection; and
IT APPEARING that Judge Dickson’s reasoning is sound, and that no
error of law, clear error of fact, or abuse of discretion is apparent;
IT IS THEREFORE this 9th day of December, 2020,

1

Case 2:14-cv-01770-KM-JAD Document 403 Filed 12/09/20 Page 2 of 2 PageID: 5026

ORDERED that the Report and Recommendation (DE 388), GRANTING
the motion for default judgment (DE 308) as to Defendant Miye Chon (“Ms.
Chon”) in the amount of $1,351,090.00 and for default judgment against
Defendants Bergenfield Bagel & Café Inc., Maywood Bagel Inc., UB’s Pizza and
Bagel Inc., UB’s Bagel & Café Inc., and UBK Bagels Corp. (the “Corporate
Defendants”), jointly and severally, in the amount of $538,032.90, but
DENYING the motion as to defendant Tae Jong Kim (“Mr. Kim”), is ADOPTED
and AFFIRMED pursuant to 28 U.S.C. § 636 and Fed. R. Civ. P. 72(b)(3); 1 and
it is further
ORDERED AND ADJUDGED that judgment is entered against defendant
Miye Chon in the amount of $1,351,090.00; and it is further
ORDERED AND ADJUDGED that judgment is entered against
Defendants Bergenfield Bagel & Café Inc., Maywood Bagel Inc., UB’s Pizza and
Bagel Inc., UB’s Bagel & Café Inc., and UBK Bagels Corp., jointly and severally,
in the amount of $538,032.90.

/s/ Kevin McNulty
___________________________
KEVIN MCNULTY
United States District Judge

1
“A judge of the court may accept, reject, or modify, in whole or in part, the
findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1);
see also U.S. v. Raddatz, 447 U.S. 667, 680 (1980) (stating that the district court judge
has broad discretion in accepting or rejecting the magistrate's recommendation).

2