GM Produce Sales LLC v. Sam Jin World Trading Inc. et al

Filing 44

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: For the reasons set forth above, plaintiff is awarded judgment in the amount of $22,442.92 against all three defendants jointly and severally. The Clerk of Court is directed to enter judgment accordingly and to close this case. Ordered by Judge Eric N. Vitaliano on 9/2/2014. (fwd for judgment) (Fernandez, Erica)

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FILED

IN CLER!eS OFFICE
U.S. DISTRICT COURT E!.D.N.Y.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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GM PRODUCE SALES LLC,

SEP 3- 2014

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BROOKLYN OFFICE

Plaintiff,
MEMORANDUM & ORDER
-against12-CV-4192 (ENV) (JO)
SAM JIN WORLD TRADING INC., JIN JO
LEE, and KYUNG MIN LEE,
Defendants.

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VIT ALIANO, D.J.,
Plaintiff GM Produce Sales LLC commenced this action on August 22, 2012
seeking damages against defendants Sam Jin World Trading Inc. ("Sam Jin"), Jin,
Jo Lee, and Kyung Min Lee under the Perishable Agricultural Commodities Act
("PACA") seeking to recover the cost of mangoes it delivered to Sam Jin for which
it was never paid. On December 24, 2011, the Court issued an order granting
plaintiff's motion for default judgment against Sam Jin and Jin Jo Lee. By
Memorandum and Order, dated November 15, 2013, the Court granted plaintiff
summary judgment against the sole remaining defendant, Kyung Min Lee, and
referred the matter to Magistrate Judge Orenstein for an inquest on damages.
On August 11, 2014, Judge Orenstein issued his Report and Recommendation
("R&R") recommending that the Court enter judgment jointly and severally against
all defendants in the amount of $22,442.92, which includes $19,970.30 in damages,
$1,823.50 in prejudgment interest, and $649.12 in costs. Although plaintiff sought

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attorney's fees, the R&R concludes that PACA does not allow for them in this case.
In reviewing an R&R of a magistrate judge, a district judge "may accept,
reject, or modify, in whole or in part, the findings or recommendations made by the
magistrate judge." 28 U.S.C. § 636(b)(l). A district judge is required to "make a de

novo determination upon the record, or after additional evidence, of any portion of
the magistrate judge's disposition to which specific written objection has been
made" by any party. Fed. R. Civ. P. 72(b). But, where no timely objection has been
made, the "district court need only satisfy itself that there is no clear error on the
face of the record" to accept the R&R. Urena v. New York, 160 F. Supp. 2d 606, 60910 (S.D.N.Y. 2001).
The R&R in this case ordered plaintiff to serve all parties with a copy of the
R&R by August 14, and required that any objections be received within 14 days of
that date - August 28, 2014. Plaintiff filed proof of service on August 11, and neither
plaintiff nor defendants have objected to Judge Orenstein's R&R, much less within
the time prescribed by 28 U.S.C. § 636(b)(l). In accord with the applicable
standard of review, the Court finds Judge Orenstein's R&R to be correct, wellreasoned, and free of any clear error. The Court, therefore, adopts it in its entirety
as the opinion of the Court.

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Conclusion
For the reasons set forth above, plaintiff is awarded judgment in the amount
of $22,442.92 against all three defendants jointly and severally.
The Clerk of Court is directed to enter judgment accordingly and to close this
case.
SO ORDERED.
Dated:

Brooklyn, New York
September 2, 2014

s/Eric N. Vitaliano
ERIC N. VITALIANO ""D'
United States District Judge

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