United States of America v. $168,052.25

Filing 17

ORDER ADOPTING 16 REPORT AND RECOMMENDATIONS: The court ADOPTS IN FULL the R&R and, accordingly, DENIES Abdelrahman's motion (Dkts. 10-12) to set aside the entry of default. So Ordered by Judge Nicholas G. Garaufis on 3/31/2016. (Lee, Tiffeny)

D}F
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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UNITED STATES OF AMERICA,
Plaintiff,

ORDER
14-CV-4219 (NGG) (RER)

-againstAPPROXIMATELY ONE HUNDRED SIXTYEIGHT THOUSAND FIFTY-TWO DOLLARS
AND TWENTY-FIVE CENTS ($168,052.25)
SEIZED FROM NORTHFIELD BANK
ACCOUNT NUMBER 503501314 HELD IN
THE NAME OF METRO SPORT NEW YORK
CORP., AND ALL PROCEEDS TRACEABLE
THERETO,
Defendant In Rem.

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NICHOLAS G. GARAUFIS, United States District Judge.

On June 18, 2015, Mahmoud Abdelrahman, the owner of Metro Sport New York Corp.,
filed a motion to set aside a defaultjudgment, pursuant to Federal Rules of Civil
Procedure 60(b)(l) and 6(b)(4). (See Dkts. 10-12.) On July 15, 2015, the Government filed a
response in opposition to the motion. (Mem. in Opp'n (Dkt. 15).) On October 7, 2015, the
undersigned referred the motion to Magistrate Judge Ramon E. Reyes, Jr. for a Report and
Recommendation ("R&R"), pursuant to 28 U.S.C. § 636(b)(l)(B) and Federal Rule of Civil
Procedure 72(b)(l). (Oct. 7, 2015, Order Referring Mots.)
On March 16, 2016, Judge Reyes issued an R&R recommending that the court deny the
motion to set aside the defaultjudgment. (R&R (Dkt. 16).) Specifically, Judge Reyes
determined that a balance of the relevant factors under Rule 60(b)(I), as well as other equitable
considerations, ''weigh overwhelmingly against vacating defaultjudgment." (Id. at 9.) Judge

Reyes also determined that Abdelrahman had not shown the· existence of the limited
circumstances that woulci warrant relief under Rule 60(b)(4). (Id.)
No party has obje;:ted to Judge Reyes's R&R, and the time to do so has passed. See Fed.
R. Civ. P. 72(b)(2). (See also R&R at 9-10 ("Any objections to the recommendations made in
this [R&R] must be filed with the Clerk of Court ... within fourteen days of receipt hereof.
Failure to file timely objections waives the right to appeal the District Court's Order.").)
Therefore, the court reviews the R&R for clear error, and finds none. See Gesualdi v. Mack
Excavation & Trailer Serv., Inc., No. 09-CV-2502 (KAM) (JO), 2010 WL 985294, at •1
(E.D.N.Y. Mar. 15, 2010); La Torres v. Walker, 216 F. Supp. 2d 157, 159 (S.D.N.Y. 2000);
cf. 28 U.S.C. § 636(b)(l).
Thus, the court ADOPTS IN FULL the R&R and, accordingly, DENIES Abdelrahman's
motion (Dkts. 10-12) to set aside the entry of default.
SO ORDERED.

s/Nicholas G. Garaufis

o.

r-jicH.oLA.s
GARAUFM
United States District Judge

Dated: Brookl.1f1, New York
March::S_I/, 2016

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