Giumarra Agricom International, LLC v. Fresh Growers Direct, Inc. et al

Filing 21

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: For the reasons stated above, the Court adopts the R&R. The Clerk of the Court is directed to enter the following judgment against the defendants, jointly and severally, and in favor of the p laintiff: $42,028.36 in damages, plus $6,074 in attorneys' fees, and post-judgment interest as prescribed by 28 U.S.C. § 1961. The Clerk of Court is directed to close the case. Ordered by Judge Carol Bagley Amon on 2/27/2018. (fwd for judgment) (Fernandez, Erica)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

GIUMARRA AGRICOM INTERNATIONA?

^®

^

LLC,

BROOKLYN OFFICE
Plaintiff,

NOT FOR PUBLICATION

-against-

MEMORANDUM & ORDER
I7-CV-222CCBA)
(PK)

FRESH GROWERS DIRECT,INC., and
YUSUFOV YUVAK,

Defendants.
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—

X

AMON,United States District Judge:

In the complaint filed in this action. Plaintiff Giumarra Agricom International, LLC

("Giumarra") claims that defendants Fresh Growers Direct, Inc. ("Fresh Growers"), and its

principal, Yusufov Yuval, breached the parties' contractual agreement and violated the Perishable
Agricultural Commodities Act ("PACA") by failing to pay for three shipments of avocados.
Neither of the defendants have appeared in these proceedings, and the Clerk of Court noted the

defaults of Yuvak on July 6, 2017,(D.E. # II), and Fresh Growers on August II, 2017,(D.E. #

15). Giumarra thereafter moved for a defaultjudgment against the defendants on August 25,2017,
(D.E. # 16), and on September 7, 2017 the Court referred that motion to Magistrate Judge Peggy
Kuo for a Report and Recommendation ("R&R"). On January 30, 2018, Magistrate Judge Kuo

issued a thorough and well-reasoned R&R,recommending that Giumarra s motion be granted in
part and denied in part. (D.E. # 17.)

When deciding whether to adopt a report and recommendation,a district court"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)(1). To accept those portions of the R&R to which no timely objection
has been made,"a district court need only satisfy itself that there is no clear error on the face of
1

the record." Jarvis v. N. Am. Globex Fund. L.P.. 823 F. Supp. 2d 161, 163 (E.D.N.Y. 2011)
(internal quotation marks and citation omitted).

No party has objected to the R&R. The Court has therefore reviewed the R&R for clear
error. Finding none, the Court adopts the R&R as the opinion of the Court. Giumarra is entitled
to the following damages: $31,040 for breach of contract and violations of the PACA, and pre-

judgment interest in the amount of $10,988.36. Plaintiff is also entitled to post-judgment interest
as prescribed by 28 U.S.C. § 1961. Finally, the Court adopts in full the recommended award of
$6,074 in attorneys' fees and costs.
CONCLUSION

For the reasons stated above, the Court adopts the R&R. The Clerk ofthe Court is directed

to enter the following judgment against the defendants, jointly and severally, and in favor of the
plaintiff: $42,028.36 in damages, plus $6,074 in attorneys' fees, and post-judgment interest as
prescribed by 28 U.S.C. § 1961. The Clerk of Court is directed to close the case.
SO ORDERED.

Dated: February

,2018

Brooklyn, New York

s/Carol Bagley Amon

Carol Bagl^^y Ard^n
United States District Judge