Safmarine, Inc. v. Columbia Container Lines (USA) Inc.

Filing 33

ORDER ADOPTING 32 REPORT AND RECOMMENDATIONS as to 24 Motion for Default Judgment. Upon a review of Judge Mann's Report & Recommendation ("R&R"), and considering that the parties have failed to object to any of Judge Mann's t horough and well-reasoned recommendations, the court finds no clear error in Judge Mann's R&R and hereby affirms and adopts the R&R as the opinion of the court. Therefore, the court orders that default judgment be entered against third-party de fendant Stone Pavilion, that Columbia be awarded a judgment against Stone Pavilion in the amount of $56,700, and that Columbia be ordered to remit to Safmarine any amounts collected from Stone Pavilion in excess of $12,500. Columbia is dir ected to serve a copy of this Order on Stone Pavilion at all known addresses, and file a Certificate of Service on ECF by no later than 8/5/2011. The Clerk of the Court is respectfully requested to enter judgment in accordance with this Order and to close this case. Ordered by Judge Kiyo A. Matsumoto on 8/1/2011. (Iguina, Carmen)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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SAFMARINE, INC.,
ORDER ADOPTING REPORT AND
RECOMMENDATION

Plaintiff,
-againstCOLUMBIA CONTAINER LINES (USA) INC.,

10-cv-1825(KAM)(RLM)

Defendant,
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COLUMBIA CONTAINER LINES (USA) INC.,
Third-Party Plaintiff,
STONE PAVILION, INC.,
Third-Party Defendant.
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MATSUMOTO, United States District Judge:
Plaintiff Safmarine, Inc. (“Safmarine”) commenced this
action against Columbia Containers Lines (USA) Inc. (“Columbia”)
pursuant to the Shipping Act of 1984, 46 U.S.C. §§ 40101 et seq.
seeking to recover payment in the amount of $56,700 allegedly
owed by Columbia for demurrage on shipping containers.
No. 1, Complaint.)

(See ECF

Columbia then filed a third-party complaint

against Stone Pavilion, Inc. (“Stone Pavilion”) seeking
indemnification, contract damages, and alleging Stone Pavilion’s
direct liability to Safmarine.
Complaint.)

(See ECF No. 13, Third-Party

Although properly served, Stone Pavilion failed to

respond to the third-party complaint or otherwise appear in this
action, and on October 29, 2010, the Clerk of the Court entered a
Notation of Default.

(See ECF No. 16, Affidavit of Service; ECF
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No. 26, Clerk’s Entry of Default.)
Safmarine agreed to settle its dispute with Columbia in
the amount of $12,500, preserving its right to receive any sums
in excess of $12,500 that Columbia might recover from Stone
Pavilion.

(ECF No. 27, Stipulation and Order of Settlement.)

Columbia filed a motion for default judgment against Stone
Pavilion, and on November 2, 2010, this court referred the
default motion to Magistrate Judge Roanne L. Mann for a Report &
Recommendation (“R&R”).

(See ECF No. 24, Motion for Default

Judgment; Order Referring Motion dated 11/02/2011.)
Presently before the court is the R&R issued by Judge
Mann on December 15, 2010, recommending “that a default judgment
be entered against Stone Pavilion and that Columbia be awarded
the full monetary relief sought, with all sums in excess of
$12,500 to be remitted to Safmarine.”

(ECF No. 32, R&R, at 3.)

Notice of the R&R was sent electronically Safmarine and
Columbia via the court’s electronic filing system on December 15,
2010.

(See Notice of Electronic Filing dated 12/15/2010.)

The

court attempted to serve a copy of the R&R on Stone Pavilion at
its last known address, but the mailing was returned as
undeliverable.

(See Docket Notation dated 01/04/2011.)

As explicitly noted at the end of the R&R, any
objections to Judge Mann’s recommendations were to be filed on or
before January 4, 2011.

(See R&R, at 9.)

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The statutory period

for filing objections has expired, and no objections to Judge
Mann’s R&R have been filed.
In reviewing an R&R, the district court “may accept,
reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.”
§ 636(b)(1).

28 U.S.C.

Where no objection to the R&R has been filed, the

district court “‘need only satisfy itself that there is no clear
error on the face of the record.’”

Urena v. State of New York,

160 F. Supp. 2d 606, 609-10 (S.D.N.Y. 2001) (quoting Nelson v.
Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y. 1985)).
Upon a review of the R&R, and considering that the
parties have failed to object to any of Judge Mann’s thorough and
well-reasoned recommendations, the court finds no clear error in
Judge Mann’s R&R and hereby affirms and adopts the R&R as the
opinion of the court.

Therefore, the court orders that default

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judgment be entered against third-party defendant Stone Pavilion,
that Columbia be awarded a judgment against Stone Pavilion in the
amount of $56,700, and that Columbia be ordered to remit to
Safmarine any amounts collected from Stone Pavilion in excess of
$12,500.
Columbia is directed to serve a copy of this Order on
Stone Pavilion at all known addresses, and file a Certificate of
Service on ECF by no later than August 5, 2011.

The Clerk of the

Court is respectfully requested to enter judgment in accordance
with this Order and to close this case.
SO ORDERED.
Dated:

August 1, 2011
Brooklyn, New York
_________ _/s/_
Kiyo A. Matsumoto
United States District Judge
Eastern District of New York

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