United States of America v. Mammolito et al

Filing 32

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATION granting 21 Motion for Default Judgment; adopting 31 Report and Recommendations. Judge Boyle's R&R is ADOPTED in its entirety, and accordingly, Plaintiff's motion for a default judgment is GRANTED. Plaintiff is awarded a default judgment in the amount of $1,274,167.94, with additional interest to be calculated at a rate of $161.62 per day from January 4, 2012 through the date of judgment. The Clerk of the Court is directed to enter a Judgment consistent with this Order and mark this matter CLOSED. So Ordered by Judge Joanna Seybert on 2/22/12. C/ECF (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------X
UNITED STATES OF AMERICA,
Plaintiff,

MEMORANDUM & ORDER
09-CV-3564(JS)(ETB)

-againstTHOMAS MAMMOLITO, THOMAS AUTOMOTIVE,
LLC, and THOMAS DODGE CORP. OF NEW
YORK n/k/a THOMAS SUBARU CORP.,
Defendants.
---------------------------------------X
APPEARANCES
For Plaintiff:
Mary M. Dickman, Esq.
Beth Patricia Schwartz, Esq.
William B. Young, Esq.
United States Attorney’s Office
Eastern District of New York
271 Cadman Plaza East
Brooklyn, NY 11201
For Defendants:

Steven Blatt, Esq.
Bellavia Gentile & Associates, LLP
200 Old Country Road, Suite 400
Mineola, NY 11501

SEYBERT, District Judge:
Pending before the Court is Magistrate Judge E. Thomas
Boyle’s Report and Recommendation (“R&R”), issued on January 4,
2012.

For the reasons that follow, the Court ADOPTS this R&R in

its entirety.
BACKGROUND
Plaintiff

United

States

of

America

(“Plaintiff”)

commenced this action on behalf of its agency Small Business
Administration

on

August

19,

2009

against

Defendants

Thomas

Mammolito, Thomas Automotive, LLC, and Thomas Dodge Corp. of New
York seeking to recover the amount allegedly due and owing under
a promissory note.
Defendants
parties

answered

proceeded

Defendants

(Docket Entry 1.)

filed

the
with

a

Complaint.
discovery

stipulation

On October 26, 2009,

(Docket
until

May

withdrawing

Entry
19,
their

2.)

The

2011,

when

Answer

and

waiving any rights to file a motion to dismiss or a new Answer.
(Docket Entry 17.)
on May 23, 2011.
moved

for

The stipulation was so ordered by the Court
(Docket Entry 19.)

entry

of

(Docket Entry 21.)
noted

Defendants’

a

default

On May 24, 2011, Plaintiff

judgment

against

Defendants.

On May 25, 2011, the Clerk of the Court
default.

On

August

5,

2011,

the

Court

referred Plaintiff’s motion to Judge Boyle.
On
recommending
Plaintiff

be

January

4,

that

default

a

awarded

2012,

Judge

judgment

damages

in

Boyle
be

the

issued

granted
amount

an
and

of:

R&R
that
(i)

$1,059,833.97 in unpaid principal on the promissory note; (ii)
$214,333.97 in interest; and (iii) additional interest in the
amount of $161.62 for each day between January 4, 2012 and the
date of judgment.
No party has objected to any portion of Judge Boyle’s
R&R.

2

DISCUSSION
In reviewing an R&R, a district court “may accept,
reject,

or

modify,

recommendations

made

§ 636(b)(1)(C).

in

whole

by

the

or

in

part,

magistrate

the

findings

judge.”

28

and

U.S.C.

If no timely objections have been made, the

“court need only satisfy itself that there is no clear error on
the face of the record.”
606,

609-10

(S.D.N.Y.

Urena v. New York, 160 F. Supp. 2d

2001)

(internal

quotation

marks

and

citation omitted).
Here, no party objected to Judge Boyle’s R&R.

And the

Court finds his R&R to be correct, comprehensive, well-reasoned
and free of any clear error.

Accordingly, the Court ADOPTS it

in its entirety.
CONCLUSION
Judge
accordingly,
GRANTED.

Boyle’s

Plaintiff’s

R&R

is

motion

ADOPTED
for

a

in

its

default

entirety,
judgment

and
is

Plaintiff is awarded a default judgment in the amount

of $1,274,167.94, with additional interest to be calculated at a
rate of $161.62 per day from January 4, 2012 through the date of
judgment.
The Clerk of the Court is directed to enter a Judgment
consistent with this Order and mark this matter CLOSED.

3

SO ORDERED.

/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
Dated:

February 22 , 2012
Central Islip, NY

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