United States of America v. Mammolito et al
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
UNITED STATES OF AMERICA,
MEMORANDUM & ORDER
-againstTHOMAS MAMMOLITO, THOMAS AUTOMOTIVE,
LLC, and THOMAS DODGE CORP. OF NEW
YORK n/k/a THOMAS SUBARU CORP.,
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
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,
For the reasons that follow, the Court ADOPTS this R&R in
commenced this action on behalf of its agency Small Business
Mammolito, Thomas Automotive, LLC, and Thomas Dodge Corp. of New
York seeking to recover the amount allegedly due and owing under
a promissory note.
(Docket Entry 1.)
On October 26, 2009,
waiving any rights to file a motion to dismiss or a new Answer.
(Docket Entry 17.)
on May 23, 2011.
The stipulation was so ordered by the Court
(Docket Entry 19.)
(Docket Entry 21.)
On May 24, 2011, Plaintiff
On May 25, 2011, the Clerk of the Court
referred Plaintiff’s motion to Judge Boyle.
$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
In reviewing an R&R, a district court “may accept,
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.”
Urena v. New York, 160 F. Supp. 2d
Here, no party objected to Judge Boyle’s R&R.
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.
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
The Clerk of the Court is directed to enter a Judgment
consistent with this Order and mark this matter CLOSED.
/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
February 22 , 2012
Central Islip, NY
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?