Pro Transportation Services, Inc. v. Anka Trucking, Inc.

Filing 12

ORDER GRANTING 4 Motion for Default Judgment; AND ADOPTING 9 Report and Recommendations -- No objections have been filed to the Report and Recommendation ("R&R") of the Honorable Robert M. Levy, U.S.M.J., dated September 25, 2009, and, upon due consideration, the R&R is hereby adopted in full. [FOR DETAILS SEE ATTACHED WRITTEN ORDER ADOPTING R & R] Accordingly, it is hereby ORDERED that plaintiff's motion for default judgment is GRANTED. The plaintiff is awarded damages again st the defendant in the total amount of $105,680.78. Additionally, this amount shall increase $4.34 per day (beginning March 23, 2010) through satisfaction of judgment by defendant to account for post-judgment interest. It is further hereb y ORDERED that service of a copy of this Electronic Order and the Attached Written Order Adopting the R & R on defendant shall be made by the plaintiff within five (5) days of the date of this Order and proof thereof shall be promptly filed with the court via ECF. The Clerk of the Court is directed to close this case and to enter judgment. SO ORDERED by Judge Dora Lizette Irizarry on 3/22/2010. (Irizarry, Dora)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------------------x PRO TRANSPORTATION SERVICES, INC., : : Plaintiff, : : -against: : ANKA TRUCKING, INC., : : Defendant. : ----------------------------------------------------------------x DORA L. IRIZARRY, United States District Judge:

ORDER ADOPTING R&R 08-CV-4338 (DLI) (RML)

No objections have been filed to the Report and Recommendation ("R&R") of the Honorable Robert M. Levy, U.S.M.J., dated September 25, 2009, and, upon due consideration, the R&R is hereby adopted in full. Accordingly, it is hereby ORDERED that plaintiff's motion for default judgment is granted. The plaintiff is awarded damages against the defendant in the amount of $105,680.78 (this award reflects $102,329.15 in damages and $3,351.63 in pre-judgment interest 1). Additionally, this amount shall increase $4.34 per day (beginning March 23, 2010) through satisfaction of judgment by defendant to account for post-judgment interest. It is further hereby ORDERED that service of a copy of this Order on defendant shall be made by the plaintiff within five (5) days of the date of this Order and proof thereof shall be promptly filed with the court via ECF. The Clerk of the Court is directed to close the file maintained in this case and to enter judgment. DATED: Brooklyn, New York March 22, 2010 _______________/s/_______________ DORA L. IRIZARRY United States District Judge

The monthly yields on Treasury securities since January 2008 to the present have fluctuated from a high of 2.71% in January 2008 to a low of .31% this past November. When these rates are averaged, the resulting rate is roughly 1.5%. This rate provides a fair return on investment during this period. The court utilized this rate to calculate the pre and post-judgment interest due plaintiff. Notably, plaintiff did not submit a proposed interest calculation.

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