Frank Brunckhorst Co., LLC v. Castellini

Filing 27

ORDER ADOPTING REPORT AND RECOMMENDATION. The plaintiffs motion for default judgment 24 is granted insofar as I find the defendant liable for breach of the personal guarantee, and judgment shall be entered in the amount of $142,150.92. The pl aintiffs requests for prejudgment interest and costs are denied, without prejudice to renew. Within thirty days of this Order, the plaintiff may refile a motion for prejudgment interests and costs, with adequate support arguments. Ordered by Judge Ann M. Donnelly on 11/8/2018. (Greene, Donna)

LlzU
IN CLERK'S OFFICE

US DISTRICT COURT E O.N Y.

5 MOVO^?OI8

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK
-X

FRANK BRUNKHORST CO.,LLC,

Plaintiff,

BROOKLYN OFFICE

ORDER ADOPTING REPORT
AND RECOMMENDATION

-against-

I7-CV-2324(AMD)
(ST)

WILLIAM CASTELLINI,
Defendant.
-X

Ann M.Donnelly, United States District Judge:

The plaintiff, Frank Brunkhorst Co., LLC,filed a complaint against the defendant,
William Castellini, on April 18, 2017, and later amended it on May 5, 2017. (ECF Nos. 1, 7.)

The defendant did not respond to the complaints, and the plaintiff moved for default judgment on
August 22, 2017. (ECF No. 13.) In a Report and Recommendation("R&R"), Magistrate Judge
Steven L. Tiscione recommended that I deny the plaintiffs motion without prejudice to refile, a
recommendation that I adopted on March 19, 2018. (ECF No. 21.) On May 7, 2018, the

plaintiff filed a second motion for default judgment(ECF No. 24), which I referred to Judge
Tiscione (Minute Entry May 8, 2018).

On October 22, 2018, Judge Tiscione issued a thorough and well-reasoned R&R
recommending that I grant the plaintiffs defaultjudgment motion and find the defendant liable

for breach of the personal guarantee, enter a judgment in the amount of$142,150.92, and deny
the plaintiffs requests for interest and costs without prejudice to renew. (ECF No. 25.) No
objections have been filed to the R&R,and the time for doing so has passed. For the reasons set
forth below, I adopt Judge Tiscione's comprehensive R&R in its entirety.

DISCUSSION

The Court assumes the parties' familiarity with the factual background ofthis case and

adopts the recitation offacts in Judge Tiscione's R&Rs. (EOF Nos. 18, 25.)
In reviewing 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)(i). If no party has objected to the magistrate judge's recommendation,"a
district court need only satisfy itselfthat there is no clear error on the face ofthe record." Urena

V. New York, 160 F. Supp. 2d 606,609-10(S.D.N.Y. 2001)(quoting

v. Smith,618 F.

Supp. 1186, 1189(S.D.N.Y. 1985)).

I have carefully reviewed Judge Tiscione's thoughtful and cogent R&R,and find no
error. Accordingly, I adopt it in its entirety.
CONCLUSION

The plaintiffs motion for defaultjudgment[24] is granted insofar as I find the defendant
liable for breach ofthe personal guarantee, and judgment shall be entered in the amount of

$142,150.92. The plaintiffs requests for prejudgment interest and costs are denied, without
prejudice to renew. Within thirty days ofthis Order, the plaintiff may refile a motion for
prejudgment interests and costs, with adequate support^^d arguments
SO ORDERED.

s/Ann M. Donnelly
M. Donnelly

iMted States District Judge
Dated: Brooklyn, New York
November 8, 2018