U.S. Underwriters Insurance Company v. Orion Plumbing & Heating Corp. et al

Filing 37

ORDER ADOPTING REPORT AND RECOMMENDATION: For the reasons set forth in the attached order, the Court hereby adopts Magistrate Judge Reyes's July 25, 2017 report and recommendation 31 as the opinion of this Court. Accordingly, Plaintiff's motion for default judgment 28 as to Defendant Orion Plumbing & Heating Corp. is DENIED without prejudice. Ordered by Judge LaShann DeArcy Hall on 10/24/2017. (Valentin, Winnethka)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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U.S. UNDERWRITERS INSURANCE COMPANY,

Plaintiff,
ORDER ADOPTING REPORT
AND RECOMMENDATION
-against-

16-CV-4641 (LDH) (RER)

ORION PLUMBING & HEATING CORP.,
ARKADIY BANGIYEV, JOSEPH POMILLA,
J BAYOT HOME DESIGN and ARNULFO
BAYOT,
Defendants.
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LASHANN DEARCY HALL, United States District Judge:
On July 25, 2017, United States Magistrate Judge Ramon E. Reyes, Jr. issued a report and
recommendation (the “Report and Recommendation”), wherein he recommended that this Court
deny Plaintiff’s motion for default judgment as to Defendant Orion Plumbing & Heating Corp.
(See R. & R., ECF No. 31.) Plaintiff timely filed an objection. (Pl.’s Obj., ECF No. 33.) When a
timely objection has been made to any portion of a report and recommendation on a dispositive
matter, the District Court reviews the report and recommendation de novo.

28 U.S.C. §

636(b)(1)(C); Fed. R. Civ. P. 72(b)(3).
In his Report and Recommendation, Judge Reyes sets forth a thoughtful discussion
concerning the wisdom of entry of default judgment in a multi-defendant case against a defaulting
defendant alone. (See R. & R. at 2.) Judge Reyes concluded that, consistent with the general
practice in this regard, entry of judgment against Orion would be premature as it could result in
the issuance of inconsistent declarations. (See id.) In its objection, Plaintiff does not identify legal
authority that runs contrary to the cases relied upon by Judge Reyes. Plaintiff also makes no effort
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to show that any exception to the general practice applies here. Similarly, Plaintiff fails to identify
any factual basis upon which to distinguish this case from those that, like Judge Reyes, decline to
enter default judgment against the defaulting defendant.
Plaintiff’s only argument in objection is that this Court directed Plaintiff to move for
default judgment. (See Pl.’s Obj. at 1.) Indeed, it did. That fact alone, however, is insufficient to
provide a basis for this Court to disregard Judge Reyes’ Report and Recommendation. Upon
review, the Court finds no basis in law or fact that would lead it to conclude differently than Judge
Reyes.
Accordingly, the Court hereby adopts Magistrate Judge Reyes’s Report and
Recommendation to deny Plaintiff’s motion for default judgment as to Defendant Orion Plumbing
& Heating Corp. as the opinion of this Court.

Dated: October 24, 2017
Brooklyn, New York
SO ORDERED:
/s/ LDH
LASHANN DEARCY HALL
United States District Judge

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