Bounty Fresh, LLC v. J NY Produce, Inc. et al

Filing 31

CORRECTED MEMORANDUM AND ORDER: As to interest rate. As no error appears on the face of Magistrate Judge Orensteins Report & Rcommendation 28 dated 7/17/13, the Court adopts it without de novo review. However, the Court updates Magistrate Judge Orens teins calculation of prejudgment interest from $11,557.16 to $16,818.64 as of March 14, 2014. Accordingly, the Court directs the Clerk to enter judgment against defendants, J NY Produce, Inc., and Chang Y. Joon, on March 14, 2014, in favor of plaintiff in the amount of $72,188.64. Post-judgment interest shall accrue at the statutory rate. See 28 U.S.C. 1961. Plaintiff's counsel is directed to serve a copy of this Memorandum and Order upon the defendants and ECF file proof of service. Ordered by Judge Frederic Block on 3/14/2014. (Innelli, Michael)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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BOUNTY FRESH, LLC,
Plaintiff,
-againstJ NY PRODUCE, INC., and CHANG Y. JOON,

MEMORANDUM AND
AMENDED ORDER
No. 12-CV-2415 (FB) (JO)

Defendants.
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Appearances:
For the Plaintiff:
JONATHAN SCOTT BODNER, ESQ.
Ruskin Moscou Faltichek, P.C.
1425 RXR Plaza, East Tower, 15th Floor
Uniondale, NY 11556
R. JASON READ, ESQ.
Rynn & Janowsky, LLP
4100 Newport Place Dr., Suite 700
Newport Beach, CA 92660-2451
BLOCK, Senior District Judge:
On July 17, 2013, Magistrate Judge James Orenstein issued a Report and
Recommendation (“R&R”) recommending that plaintiff’s motion for default judgment be
granted and that judgment be entered against both defendants jointly and severally in the
amount of $66,927.16.
The R&R states that “[a]ny objections to this Report and Recommendation
must be filed no later than August 2, 2013. Failure to file objections within this period
designating the particular issues to be reviewed waives the right to appeal the district
court’s order.” R&R at 12. A copy of the R&R was served on defendants at their last

known address on July 18, 2013. To date, no objections have been filed.
Where, as here, clear notice has been given of the consequences of failure to
object, and there are no objections, the Court may adopt the R & R without de novo review.
See Thomas v. Arn, 474 U.S. 140, 149-50 (1985); Mario v. P & C Food Mkts., Inc., 313 F.3d 758,
766 (2d Cir. 2002) (“Where parties receive clear notice of the consequences, failure timely
to object to a magistrate’s report and recommendation operates as a waiver of further
judicial review of the magistrate’s decision.”). The Court will excuse the failure to object
and conduct de novo review if it appears that the magistrate judge may have committed
plain error. See Spence v. Superintendent, Great Meadow Corr. Facility, 219 F.3d 162, 174 (2d
Cir. 2000).
As no error appears on the face of Magistrate Judge Orenstein’s R&R, the
Court adopts it without de novo review. However, the Court updates Magistrate Judge
Orenstein’s calculation of prejudgment interest from $11,557.16 to $16,818.64 as of March
14, 2014. Accordingly, the Court directs the Clerk to enter judgment against defendants,
J NY Produce, Inc., and Chang Y. Joon, on March 14, 2014, in favor of plaintiff in the
amount of $72,188.64. Post-judgment interest shall accrue at the statutory rate. See 28
U.S.C. 1961.

SO ORDERED.
/S/ Frederic Block
FREDERIC BLOCK
Senior United States District Judge
Brooklyn, New York
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March 14, 2014

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