Great Northern Insurance Company v. Lank et al

Filing 24

ORDER ADOPTING 21 REPORT AND RECOMMENDATIONS as to 15 Motion for Default Judgment. The court awards Plaintiff damages against Defendants Lank and Atlantic, jointly and severally, in the amount of $112,710.00, plus $110.00 in costs, and prejudgment interest as described in Judge Carter's R&R. Ordered by Judge Nicholas G. Garaufis on 9/27/2011. (fwd'd for jgm) (Lee, Tiffeny)

FILED
IN CLERK'S OFFICE
U.S. DISTRICT COURT E.D.N.Y.

* SEP 2 8 2011

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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GREAT NORTHERN INSURANCE
COMPANY, as subrogee of Carolyn M
Knutson,

*

BROOKLYN OFFICE
MEMORANDUM & ORDER
10-CV-4333 (NGG} (ALC}

Plaintiff;
-againstELLSWORTH LANK, individually and
doing business as ATLANTIC FINE ART
SERVICES; ATLANTIC FINE ART
SERVICES INC.; and ARPIN VAN LINES,
INC.,
Defendants.

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NICHOLAS G. GARAUFIS, United States District Judge.

Plaintiff Great Northern Insurance Company brought this action as subrogee of Carolyn
M. Knutson. (Compl. (Docket Entry # I} Ex. A; Notice of Removal (Docket Entry # I) ~ I.} On
July 7, 2011, the court granted Plaintiff's motion for default judgment against Defendants
Ellsworth Lank ("Lank"} and Atlantic Fine Art Services Inc ("Atlantic"). 1 (Docket Entry# 20.)
The court referred the damages calculation in this matter to Magistrate Judge Andrew L.
Carter, Jr. for a Report and Recommendation ("R&R") on the appropriate damages, including
any awards of interest or costs. (I d. at 3-4.) On September 9, 2011, Judge Carter recommended
that the court award Plaintiff$112,710.00 in damages against Lank and Atlantic, jointly and
severally. (R&R (Docket Entry# 21) at 4-5.) Judge Carter also recommended that the court
award prejudgment interest of$29,782.92 plus $29.79 per diem, commencing on September 10,
2011 until the date of judgment, as well as $110.00 in costs. Q.!!J
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By stipulation, Defendant Arpin Van Lines, Inc. was dismissed from this action on February 8, 2011.

(Docket Entry# 14.)
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Plaintiff served a copy of the R&R on both Defendants on September 12, 2011. (Docket
Entry## 22, 23.) No party has objected, and the time to do so has now passed. See 28 U.S.C. §
636(b)(1); Fed. R. Civ. P. 72(b)(2). Having reviewed Judge Carter's thoroughly reasoned R&R,
the court adopts it in its entirety. See Porter v. Potter, 219 F. App'x 112, 113 (2d Cir. 2007).
Accordingly, the court awards Plaintiff damages against Defendants Lank and Atlantic, jointly
and severally, in the amount of$112,710.00, plus $110.00 in costs, and prejudgment interest as
described in Judge Carter's R&R.
SO ORDERED.

s/Nicholas G. Garaufis
Dated: Brooklyn, New York
September ..l], 2011

Nl4HOLAS G. GARAUFlS
United States District Judge

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