U.S. Commodity Futures Trading Commission v. Yorkshire Group, Inc. et al

Filing 20

REPORT AND RECOMMENDATION: The plaintiff's motion for default judgment is granted. Ordered by Judge Ann M. Donnelly on 10/12/2016. (Greene, Donna)

FILED
IN CLERK'S OFFICE

US DISTRICT COURT E.D.N.Y.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

5 OCT 1 2 2016

A

-X

BROOKLYN OFFICE

U.S. COMMODITY FUTURES TRADING
COMMISSION,

REPORT AND recommendation

Plaintiff,

13-CV-5323(AMD)
(ST)
-against-

THE YORKSHIRE GROUP,INC.and
SCOTT PLATTO,
Defendants.
-X

Ann M.Donnelly,United States District Judge:

The plaintiff, U.S. Commodity Futures Trading Commission,brought this action against
defendants the Yorkshire Group,Inc. and Scott Plato on September 25,2013,alleging violations
ofthe Commodity Exchange Act,7U.S.C.§ I etse,. In a Report and Recommendation issued

on August 19,2016,Magistrate Judge Stephen Tiscione recommended that the plaintiffs motion
for defaultjudgment against defendants the Yorkshire Group,Inc. and Scott Plato be granted,
that a permanent injunction be issued, and that disgorgement and a civil penalty be imposed. No
party has objected to Judge Tiscione's Report and Recommendation within the time prescribed
by28U.S.C. §636(b)(l).

In reviewing an R&R,a district court"may accept,reject, or modify,in whole or in part,

the findings or recommendations made by the magistratejudge." 28 U.S.C.§ 636(b)(1)(C).
Where,as here,no party has objected to the magistratejudge's recommendation,"a district court
need only satisfy itselfthat there is no clear error on the face ofthe record." Urennv.Ycw Fork,

160 F.Supp.2d 606,609-10(S.D.N.Y.2001)(quoting Ncta v. Smith,618 F.Supp. 1186,1189
(S.D.N.Y. 1985)).

s/Ann M. Donnelly