Ferrara, Sr. et al v. Pomarc Industries Inc.

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, the Court has reviewed the R&R for clear error and, finding none, adopts the R&R in its entirety. Accordingly, the Court hereby a wards plaintiffs $4,850 in attorneys fees, $695.80 in costs, and $175 in audit fees, for a total judgment of $5,720.80. The Court also ORDERS defendant to submit to an audit of the books and records of its affiliate Low Pro Towin g & Transport, Inc. for the period commencing January 1, 2004 through the date of the filing of the instant action. Plaintiffs are GRANTED leave to file a motion to amend the judgment to include an additional award of damages and prejudgment interest if appropriate following any audit. Ordered by Judge Roslynn R. Mauskopf on 8/5/2013. (Mauskopf, Roslynn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-----------------------------------------------------------X
JOSEPH A. FERRARA, SR., et al.,
ORDER ADOPTING REPORT
& RECOMMENDATIONS
11-CV-1859 (RRM)(MDG)

Plaintiffs,
- against POMARC INDUSTRIES, INC.,
Defendant.
-----------------------------------------------------------X
ROSLYNN R. MAUSKOPF, United States District Judge.

By Order dated June 27, 2011, this Court granted plaintiffs motion for default judgment
against Pomarc Industries, Inc., and referred the matter to Magistrate Judge Go for an inquest on
damages. On May 22, 2013, Judge Go issued a Report and Recommendation (the “R&R”)
recommending that the Court: (1) award plaintiffs $4,850 in attorneys’ fees, $695.80 in costs,
and $175 in audit fees, for a total of $5,720.80; (2) order defendant Pomarc Industries to submit
to an audit of the books and records of its affiliate Low Pro Towing & Transport, Inc.; and (3)
grant plaintiffs leave to amend the judgment to include an additional award of damages and
prejudgment interest if appropriate following the audit. (Doc. No. 13.) Objections to the R&R
were due April 8, 2013. None were filed by that date.
On April 9, 2013, plaintiffs asked the Court to stay consideration of the R&R because the
defendant, who has not appeared in this action, consented to an audit of Low Pro’s books and
records. The Court continued to stay its consideration of the R&R pending the audit. Plaintiffs
last advised the Court that the audit could not be completed because the defendant was
preventing the auditors from accessing certain records. Plaintiffs asked the Court to lift its stay
and review the R&R. (See Ltr. dated July 22, 2013 (Doc. No. 17).)

1

Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, the Court has
reviewed the R&R for clear error and, finding none, adopts the R&R in its entirety. See Covey v.
Simonton, 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007). Accordingly, the Court hereby awards
plaintiffs $4,850 in attorneys’ fees, $695.80 in costs, and $175 in audit fees, for a total judgment
of $5,720.80. The Court also ORDERS defendant to submit to an audit of the books and records
of its affiliate Low Pro Towing & Transport, Inc. for the period commencing January 1, 2004
through the date of the filing of the instant action.
Plaintiffs are GRANTED leave to file a motion to amend the judgment to include an
additional award of damages and prejudgment interest if appropriate following any audit. See
Fed. R. Civ. P. 59(e).

SO ORDERED.

Roslynn R. Mauskopf

Dated: Brooklyn, New York
August 5, 2013

_________________________
ROSLYNN R. MAUSKOPF
United States District Judge

2