Servisair, LLC v. Fly Micronesia, LLC

Filing 10

ORDER - There being no objection to Judge Walls Report, it is hereby ORDERED, that Judge Walls 8 Report and Recommendation is adopted in its entirety. The Court: (1) grants the plaintiffs motion for a default judgment as against defendant Fly Micr onesia LLC, d/b/a Fly Guam and (2) awards the plaintiff: $1,678,414.55 in unpaid balance on the contract; interest on the unpaid balance at a rate of 10% from December 18, 2011 to the date of entry of the judgment; and $393.30 in costs , and it is further ORDERED, that the Clerk of the Court is directed to enter judgment in favor of the plaintiff as set forth above, and it is further ORDERED, that the Clerk of the Court is directed to close this case. Ordered by Judge Arthur D. Spatt on 9/10/2012. 5 Motion for Default Judgment terminated. Copy of Order forwarded to Judgment Clerk via electronic notification and inter-office mail. (Coleman, Laurie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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SERVISAIR LLC,
Plaintiff,

FILED 
CLERK 

9/10/2012 10:42 am

U.S. DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
LONG ISLAND OFFICE 

ORDER
12-CV-387 (ADS)(WDW)

-againstFLY MICRONESIA LLC, d/b/a FLY GUAM,
Defendants.
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APPEARANCES:
McBreen & Kopko
Attorneys for the plaintiff
500 North Broadway, Suite 129
Jericho, NY 11753
By: Richard A. Auerbach, Esq., Of Counsel
NO APPEARANCE:
Fly Micronesia LLC, d/b/a Fly Guam
SPATT, District Judge.
On January 27, 2012, the plaintiff commenced this action against defendant Fly
Micronesia LLC, d/b/a Fly Guam asserting causes of action for breach of contract, unjust
enrichment, and quantum meruit. The Clerk of Court noted the default of defendant on May 1,
2012, and on May 2, 2012, the plaintiff moved for a default judgment. On May 11, 2012, the
Court referred this matter to United States Magistrate Judge William D. Wall for a
recommendation as to whether the motion for a default judgment should be granted, and if so,
whether damages should be awarded, including reasonable attorney’s fees and costs.
On August 23, 2012, Judge Wall issued a Report and Recommendation, recommending
that the Court enter a default judgment against the defendant and that the Court award the
plaintiff damages as follows: (1) $1,678,414.55 in unpaid balance on the contract; (2) interest on

the unpaid balance at a rate of 10% from December 18, 2011 to the date of entry of the
judgment; and (3) $393.30 in costs. To date, there have been no objections filed to the Report.
In reviewing a report and recommendation, a 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)(1)(C). “To accept the report and recommendation of a magistrate, to which no timely
objection has been made, a district court need only satisfy itself that there is no clear error on the
face of the record.” Wilds v. United Parcel Serv., 262 F. Supp. 2d 163, 169 (S.D.N.Y. 2003)
(citing Nelson v. Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y. 1985)). The Court has reviewed
Judge Wall’s Report and finds it be persuasive and without any legal or factual errors. There
being no objection to Judge Wall’s Report, it is hereby
ORDERED, that Judge Wall’s Report and Recommendation is adopted in its entirety.
The Court: (1) grants the plaintiff’s motion for a default judgment as against defendant Fly
Micronesia LLC, d/b/a Fly Guam and (2) awards the plaintiff: $1,678,414.55 in unpaid balance
on the contract; interest on the unpaid balance at a rate of 10% from December 18, 2011 to the
date of entry of the judgment; and $393.30 in costs, and it is further
ORDERED, that the Clerk of the Court is directed to enter judgment in favor of the
plaintiff as set forth above, and it is further
ORDERED, that the Clerk of the Court is directed to close this case.
SO ORDERED.
Dated: Central Islip, New York
September 10, 2012
___/s/ Arthur D. Spatt_________
ARTHUR D. SPATT
United States District Judge

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