Felix Produce Corp. v. New Lots Food Corp. et al

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION - The Court ADOPTS the 16 Report and Recommendation in its entirety. Accordingly, the Clerk of Court is directed to enter a judgment of default in favor of Pltff against Dfts New Lots Food Corp and Jerry Cho ez, jointly and severally, in the amount of $30,549.70 plus interest to be calculated at the annual rate of 2.57%. Pltff's motion for attorneys' fees and costs is DENIED without prejudice to renew. See Order for details. Ordered by Judge Joanna Seybert on 9/14/09. C/ECF (Valle, Christine)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------X FELIX PRODUCE CORP., Plaintiff, -againstNEW LOTS FOOD CORP., d/b/a BRAVOS SUPERMARKET and JERRY CHOEZ, ORDER ADOPTING REPORT AND RECOMMENDATION 08-CV-5161 (JS)(ARL)

Defendants. ----------------------------------X APPEARANCES: For Plaintiff: Jamie C. Krapf, Esq. Timothy J. Fierst, Esq. Crowell & Moring LLP 153 East 53rd Street, 31st Floor New York, NY 10022-4611 For Defendants: No appearance

SEYBERT, District Judge: Magistrate Arlene R. Lindsay issued a Report and

Recommendation ("R&R") on August 24, 2009.

As part of the R&R,

Judge Lindsay warned that any objections were to be filed with the Clerk of the Court within ten days of service of the R&R. The time

for filing objections has expired, and no party has objected. Accordingly, all objections are hereby deemed to have been waived. Upon careful review and consideration, the Court ADOPTS the R&R in its entirety. Accordingly, the Clerk of the Court is

directed to enter a judgment of default in favor of Plaintiff Felix Produce Corp. ("Felix") against Defendants New Lots Food Corp. ("New Lots") and Jerry Choez ("Choez"), jointly and severally, in the amount of $30,549.70 plus interest to be calculated at the annual rate of 2.57%. Felix's motion for attorneys' fees and costs

is DENIED without prejudice to renew upon such a showing of: (1) the qualifications of the attorneys and staff who worked on this action; and (2) a calculation of the time records detailing only work effectuated for claims against New Lots and Choez. If Felix

wishes to renew its motion, it must do so by September 19, 2009. Any prejudgment interest shall be calculated from June 22, 2009 through the date of the entry of this Order.

SO ORDERED. /s/ JOANNA SEYBERT Joanna Seybert, U.S.D.J. Dated: September 14 , 2009 Central Islip, New York

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