Seaborn Marina, Inc. v. M/V Priorities et al

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS : Having reviewed the R&R de novo, the Court adopts it in its entirety. As to whether the additional materials submitted by Plaintiff warrant an award of damages and costs, that matter is referred to Magistra te Judge Lindsay for Report and Recommendation. Accordingly, IT IS HEREBY ORDERED that plaintiffs motion for a default judgment is granted to the extent that plaintiff is entitled to enforce the maritime lien in rem over the vessel and extinguishment of any and all rights or claims that Charter Bank may still possess with regard to the vessel, but denied without prejudice to the extent plaintiff seeks an award of damages and costs; and IT IS FURTHER ORDERED that this matter is referred to Magistrate Judge Lindsay for a Report and Recommendation as to whether the additional materials submitted by Plaintiff warrant an award of damages and costs. Ordered by Judge Denis R. Hurley on 3/24/2017. (Gapinski, Michele)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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SEABORN MARINA, INC,
ORDER ADOPTING R & R
Civil Action No. 11-1591(DRH)(ARL)

Plaintiff,
-againstM/V PRIORITIES, ANNETTE McAVOY,
and CHARTER ONE BANK N.A.,
Defendants.
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HURLEY, Senior District Judge:
Presently before the Court is the Report and Recommendation, dated February 21, 2017
(“R&R”), of Magistrate Judge Arlene R. Lindsay recommending that the motion of plaintiff for
a default judgment be granted but that plaintiff’s request for damages and costs be denied with
leave to renew due to deficiencies in its proof. More than 14 days have passed since service of
the R&R and no objections have been filed by defendants. Plaintiff has filed a document denoted
as objections to the report but which in actually is a “declaration for the purpose of submitting
further evidence in support of Plaintiff’s request for an award of damages and costs.” DE 24. In
other words, Plaintiff does not dispute that the deficiencies noted by Judge Lindsay exists but
rather seek to remedy them.
Having reviewed the R&R de novo, the Court adopts it in its entirety. As to whether the
additional materials submitted by Plaintiff warrant an award of damages and costs, that matter is
referred to Magistrate Judge Lindsay for Report and Recommendation.
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IT IS HEREBY ORDERED that plaintiff’s motion for a default judgment is granted to
the extent that plaintiff is entitled to enforce the maritime lien in rem over the vessel and
extinguishment of any and all rights or claims that Charter Bank may still possess with regard to
the vessel, but denied without prejudice to the extent plaintiff seeks an award of damages and
costs; and
IT IS FURTHER ORDERED that this matter is referred to Magistrate Judge Lindsay
for a Report and Recommendation as to whether the additional materials submitted by Plaintiff
warrant an award of damages and costs.
Dated: Central Islip, N.Y.
March 24, 2017

/s/ Denis R. Hurley
Denis R. Hurley
United States District Judge

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