Federal Insurance Company v. CAC of NY, Inc. et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS : The Court adopts the February 5, 2015 Report and Recommendation of Judge Locke as if set forth herein. The Court therefore directs that plaintiff recover from defendants, jointly and severally, the amount of $218,679.96, plus per diem interest from September 4, 2014 through entry of judgment in the amount of $46.52 per day and that judgment be entered accordingly. Upon entry of judgment, the Clerk of Court is directed to close this case. Plaintiff's request for leave to file a motion for attorney's fees and costs is granted; said motion, if any, shall be filed in accordance with Fed. R. Civ. P. 54(d)(2). Ordered by Judge Denis R. Hurley on 3/16/2015. (Gapinski, Michele)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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FEDERAL INSURANCE COMPANY,
Plaintiff,

ORDER
14-cv-4132 (DRH) (SIL)

-againstCAC of NY, INC. and CUTLASS
INDUSTRIES,
Defendants.
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HURLEY, District Judge:
On September 5, 2014, this Court referred plaintiff’s motion for an entry of
default judgment against defendants CAC of NY, Inc. and Cutlass Industries (collectively
“defendants”) in the above-captioned case to U.S. Magistrate Judge Steven I. Locke ,
pursuant to 28 U.S.C. § 636(b)(3), for a report and recommendation. On February 5,
2015, Judge Locke issued a Report and Recommendation that plaintiff’s motion for
default judgment be granted and damages awarded as follows: compensatory damages in
the amount of $188,636.00, prejudgment interest through the date of filing of the motion
in the amount of $30,043.96, plus per diem interest in the amount of $46.52 per day from
September 4, 2014 to the date of entry of judgment. Judge Locke further recommended
that plaintiff’s request for leave to file a motion for attorneys’ fees and costs be granted.
On February 24, 2015, defendants were served with a copy of the Report and
Recommendation. More than fourteen days have elapsed since service of the Report and
Recommendation, and neither party has filed any objections to it.

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. Accordingly, this Court adopts the February 5, 2015
Report and Recommendation of Judge Locke as if set forth herein. The Court therefore
directs that plaintiff recover from defendants, jointly and severally, the amount of
$218,679.96, plus per diem interest from September 4, 2014 through entry of judgment in
the amount of $46.52 per day and that judgment be entered accordingly. Upon entry of
judgment, the Clerk of Court is directed to close this case.
Plaintiff’s request for leave to file a motion for attorney’s fees and costs is granted;
said motion, if any, shall be filed in accordance with Fed. R. Civ. P. 54(d)(2).
SO ORDERED.
Dated: Central Islip, N.Y.
March 16, 2015

/s/
Denis R. Hurley
United States District Judge

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