Sea Metropolitan S.A. v. DGM Commodities Corp.

Filing 113

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Court has reviewed the record, and, finding no clear error, adopts the R & R in its entirety. Accordingly, the Court confirms the arbitration award dated February 20, 2013 against respondent DGM Commodi ties Corp., but orders that payment of that award and any determination concerning attorneys' fees and costs be deferred until resolution of the claims against the non-defaulting defendants. Ordered by Judge Joan M. Azrack on 3/2/2015. (Petilla, Charlotte)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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MERCURY VENTURE INTERNATIONAL LTD.,
Petitioner,
v.

DGM COMMODITIES CORP., f/k/a D&N
COMMODITIES INC., f/k/a D & N COM INC.,
DAVID ELUA a/k/a DAVID ELUASHVILI,
DGM HOLDING CORP., DAVINI REALTY
LLC, and ABC CORP. 1-5,

13–CV–1521 (JMA)(AKT)

Respondents.
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AZRACK, District Judge:
Before the Court is a Report and Recommendation (“R & R”) from Magistrate Judge
Tomlinson, recommending that the Court confirm an arbitration award dated February 20, 2013
against respondent DGM Commodities Corp., but defer payment of that award and any
determination concerning attorneys’ fees and costs until resolution of the claims against the nondefaulting defendants. There are no objections to the R & R. Having conducted a review of the
full record and the applicable law, and having reviewed the R & R for clear error, the
Court adopts the findings and recommendations contained in Magistrate Judge Tomlinson’s
well-reasoned and thorough R & R in their entirety.
SO ORDERED.
Dated: March 2, 2015
Central Islip, New York

/s/
(JMA)
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JOAN M. AZRACK
UNITED STATES DISTRICT JUDGE