LG Capital Funding, LLC v. Ubiquity, Inc.

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATION: The parties have filed no objections to Magistrate Judge Gold's Report and Recommendation on Plaintiff's motion for default judgment. The Court has reviewed the record and the Report and Recommendat ion for clear error, and, finding none, hereby adopts Magistrate Judge Gold's Report and Recommendation 13 in its entirety as the opinion of this Court. Accordingly, Plaintiff's motion for default judgment is hereby GRANTED, in part, and DENIED, in part. See attached Order for details. The Clerk of the Court is directed to enter judgment in accordance with this Order and close the case. Ordered by Judge LaShann DeArcy Hall on 7/25/2017. (Valentin, Winnethka)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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LG CAPITAL FUNDING, LLC,
Plaintiff,

ORDER
16-CV-3102 (LDH)(SMG)

-againstUBIQUITY, INC.,
Defendant.
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LASHANN DEARCY HALL, United States District Judge:
On May 12, 2017, United States Magistrate Judge Steven M. Gold issued a report and
recommendation (the “Report and Recommendation”) (R. & R., ECF No. 13), which
recommended that Plaintiff LG Capital Funding, LLC’s (“LG”) October 20, 2016 motion for
default judgment against Defendant Ubiquity, Inc., be granted, in part, and denied, in part. (See
Pls.’ Mot. for Default, ECF No. 10.) Any written objections to the report and recommendation
had to be filed with the Clerk of Court within fourteen (14) days of the date of service of the report;
responses to any objections were due fourteen (14) days thereafter. See Fed. R. Civ. P. 72(b)(2);
28 U.S.C. § 636(b)(1)(C).
No objections have been filed to the Report and Recommendation. Where no objections
to a report and recommendation have been filed, “the district court need only satisfy itself that
there is no clear error on the face of the record.” Estate of Ellington ex rel. Ellington v. Harbrew
Imps. Ltd., 812 F. Supp. 2d 186, 189 (E.D.N.Y. 2011) (quoting Urena v. New York, 160 F. Supp.
2d 606, 609-10 (S.D.N.Y. 2001)) (internal quotation marks and citations omitted). The Court has
reviewed the Report and Recommendation for clear error and, finding none, hereby adopts the
Report and Recommendation as the opinion of this Court.

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Accordingly, Plaintiff’s motion for default judgment is hereby granted, in part, and denied,
in part. Plaintiff LG is hereby awarded judgment against Defendant Ubiquity, Inc. in the amount
of: (1) $109,894.09 in damages on its claim for breach of contract, plus interest at a rate of 24%
per annum calculated from May 15, 2015, until the date final judgment is entered; and (2) $400.00
for costs. Plaintiff’s motion is denied with respect to its claim for unjust enrichment and Plaintiff’s
unjust enrichment claim is dismissed with prejudice. The Clerk of Court is directed to enter
judgment accordingly and close this case.

Dated: July 25, 2017
Brooklyn, New York
SO ORDERED:
/s/ LDH
LASHANN DEARCY HALL
United States District Judge

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