Palco Telecom Service, Inc. v. Global Warranty Group, LLC
Filing
16
ADOPTION ORDER - Accordingly, the February 5, 2015 14 Report and Recommendation is adopted in its entirety, and the Plaintiffs 9 motion for a default judgment is granted, but no award of damages is issued at this time. The Plaintiff is granted le ave to present sufficient additional evidence of compensatory and related damages within 30 days of the date of this order. The Clerk of the Court is respectfully directed to enter partial judgment in favor of the Plaintiff in accordance with this Order. So Ordered by Judge Arthur D. Spatt on 3/31/2015. c/ecf Judgment Clerk. (Coleman, Laurie)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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PALCO TELECOM SERVICE, INC.,
Plaintiff,
FILED
CLERK
3/31/2015 11:15 am
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
LONG ISLAND OFFICE
ADOPTION ORDER
14-cv-4818 (ADS)(SIL)
-againstGLOBAL WARRANTY GROUP, LLC,
Defendant.
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APPEARANCES:
Nicoletti, Hornig & Sweeney
Attorneys for the Plaintiff
Wall Street Plaza
88 Pine Street, 7th Floor
New York, NY 10005
By: William M. Fennell, Esq.
John A.V. Nicoletti, Esq., Of Counsel
NO APPEARANCE:
The Defendant
SPATT, District Judge.
On August 13, 2014, the Plaintiff Palco Telecom Service, Inc. (the “Plaintiff”)
commenced this action for breach of contract and quantum meruit recovery against the
Defendant Global Warranty Group, LLC (the “Defendant”).
On September 10, 2014, the Clerk of the Court noted the default of the Defendant.
On September 12, 2014, the Plaintiff moved pursuant to Federal Rule of Civil Procedure
55(b) and Local Civil Rule 55.2 for a default judgment against the Defendant.
On September 17, 2014, the Court referred this matter to United States Magistrate Judge
Steven I. Locke for a recommendation as to whether the motion for a default judgment should be
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granted, and if so, whether damages should be awarded, including reasonable attorneys’ fees and
costs.
On February 5, 2015, Judge Locke issued a Report recommending that the motion for a
default judgment be granted, but no award of damages issue at this time. Judge Locke further
recommended that the Plaintiff be granted leave to present sufficient additional evidence of
compensatory and related damages.
More than fourteen days have elapsed since service of the February 5, 2015 Report and
Recommendation, and neither party has filed an objection.
Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has
reviewed the February 5, 2015 Report and Recommendation for clear error, and finding none,
now concurs in both its reasoning and its result.
Accordingly, the February 5, 2015 Report and Recommendation is adopted in its entirety,
and the Plaintiff’s motion for a default judgment is granted, but no award of damages is issued at
this time. The Plaintiff is granted leave to present sufficient additional evidence of
compensatory and related damages within 30 days of the date of this order. The Clerk of the
Court is respectfully directed to enter partial judgment in favor of the Plaintiff in accordance
with this Order.
SO ORDERED.
Dated: Central Islip, New York
March 31, 2015
___ Arthur D. Spatt
ARTHUR D. SPATT
United States District Judge
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