Tri-Union Frozen Products, Inc. v. Ingenieria Alimentaria del Matatipac, S.A. de C.V. et al
Filing
42
ORDER ADOPTING REPORT AND RECOMMENDATIONS : The Court adopts the February 10, 2017 Report and Recommendation of Judge Tomlinson as if set forth herein. Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for default judgment is denied without prejudice. Any renewed motion for default judgment must comply with the directives set forth in the February 10, 2017 Report and Recommendation. Ordered by Judge Denis R. Hurley on 3/8/2017. (Gapinski, Michele)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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TRI-UNION FROZEN PRODUCTS, INC.,
formerly known as EMPRESS INTERNATIONAL,
LTD. and doing business as EMPRESS
INTERNATIONAL,
ORDER ADOPTING R & R
13-CV-1974 (DRH)(AKT)
Plaintiff,
-againstINGENIERIA ALIMENTARIA del
MATATIPAC, S.A., de C.V. MARCO
ANTONIO RINCON VALDES and
MARCO ANTONIO RINCON
ROMO,
Defendant.
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HURLEY, Senior District Judge:
Presently before the Court is the Report and Recommendation, dated February 10, 2017,
of Magistrate Judge A. Kathleen Tomlinson recommending that plaintiff’s motion for default
judgment be denied without prejudice, and with the right to renew once plaintiff complies with
the directives set forth in the Report and Recommendation with respect to damages and
attorneys’ fees. More than fourteen days have elapsed since service of the Report and
Recommendation and no objections have been filed.
Pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72, this Court has reviewed the Report
and Recommendation for clear error, and finding none, now concurs in both its reasoning and its
result. The Court adopts the February 10, 2017 Report and Recommendation of Judge
Tomlinson as if set forth herein. Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for default judgment is denied
without prejudice. Any renewed motion for default judgment must comply with the directives set
forth in the February 10, 2017 Report and Recommendation.
Dated: Central Islip, N.Y.
March 8, 2017
/s/ Denis R. Hurley
Denis R. Hurley
United States District Judge
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