Power Up Lending Group, LTD. v. Danco Painting, LLC et al

Filing 12

MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; Judge Locke's R&R (Docket Entry 10) is ADOPTED in its entirety and Plaintiff's motion for a default judgment is GRANTED (Docket Entry 8). The Clerk of the Court is directed to enter j udgment in favor of Plaintiff and against Defendants, jointly and severally, in the amount of $96,199.94, plus $6,561.15 in prejudgment interest, accruing at a daily rate of $15.81 until judgment is entered. In addition, Plaintiff' ;s requests to foreclose on its security interest and for litigation expenses are DENIED WITHOUT PREJUDICE. If Plaintiff chooses to renew its foreclosure request, it is directed to submit a draft foreclosure order. And if Plaintiff chooses to renew it request for litigation expenses, it is directed to submit records substantiating its request. So Ordered by Judge Joanna Seybert on 9/23/2016. C/ECF (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
------------------------------------X
POWER UP LENDING GROUP, LTD,
Plaintiff,
-against-

MEMORANDUM & ORDER
15-CV-4537(JS)(SIL)

DANCO PAINTING, LLC, and DANIEL
DAMBROSIA,
Defendants.
------------------------------------X
SEYBERT, District Judge:
Pending before the Court is Plaintiff Power Up Lending
Group, Ltd’s (“Plaintiff”) motion seeking a default judgement
against

Defendants

Danco

Painting,

LLC,

and

Daniel

Dambrosia

(together, “Defendants”), and Magistrate Judge Steven I. Locke’s
Report and Recommendation (“R&R”), recommending that Plaintiff’s
motion be granted.

(Docket Entry 10.)

For the following reasons,

the Court ADOPTS Judge Locke’s R&R in its entirety.
BACKGROUND
Plaintiff

commenced

this

action

on

August

4,

2015,

alleging that Defendants defaulted on a loan agreement and several
related covenants.

(Compl. ¶¶ 13-35.)

After Defendants did not

file an Answer to Plaintiff’s Complaint, Plaintiff filed a motion
seeking a default judgment on December 17, 2015. (Docket Entry 8.)
On January 20, 2016, the undersigned referred Plaintiff’s motion
to Judge Locke for an R&R on whether the motion should be granted.
(Docket Entry 9.)

Judge Locke issued his R&R on August 10, 2016.

The R&R

recommends that the motion for a default judgment be granted in
its entirety; that Plaintiff should be awarded $96,199.94 in
compensatory

damages

and

$6,561.15

in

prejudgment

interest,

accruing at a daily rate of $15.81 until judgment is entered; and
that Defendants be held jointly and severally liable for damages.
(R&R at 2.) The R&R further recommends that the Court deny without
prejudice

Plaintiff’s

requests

to

foreclose

interest and for litigation expenses.

on

its

security

(R&R at 2.)

DISCUSSION
In reviewing an R&R, a district court “may accept,
reject,

or

modify,

recommendations

made

in
by

whole
the

or

in

part,

magistrate

the

judge.”

findings
28

and

U.S.C.

§ 636(b)(1)(C). If no timely objections have been made, the “court
need only satisfy itself that there is no clear error on the face
of the record.”

Urena v. New York, 160 F. Supp. 2d 606, 609-10

(S.D.N.Y. 2001) (internal quotation marks and citation omitted).
Objections were due within fourteen days of service of
the R&R.

The time for filing objections has expired, and no party

has objected.

Accordingly, all objections are hereby deemed to

have been waived.
Upon careful review and consideration, the Court finds
Judge Locke’s R&R to be comprehensive, well-reasoned, and free of
clear error, and it ADOPTS the R&R in its entirety.
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CONCLUSION
Judge Locke’s R&R (Docket Entry 10) is ADOPTED in its
entirety and Plaintiff’s motion for a default judgment is GRANTED
(Docket Entry 8).

The Clerk of the Court is directed to enter

judgment in favor of Plaintiff and against Defendants, jointly and
severally,

in

the

amount

of

$96,199.94,

plus

$6,561.15

in

prejudgment interest, accruing at a daily rate of $15.81 until
judgment

is

entered.

In

addition,

Plaintiff’s

requests

to

foreclose on its security interest and for litigation expenses are
DENIED WITHOUT PREJUDICE.
If Plaintiff chooses to renew its foreclosure request,
it is directed to submit a draft foreclosure order.

And if

Plaintiff chooses to renew it request for litigation expenses, it
is directed to submit records substantiating its request.

SO ORDERED.
/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
Dated:

September
23 , 2016
Central Islip, New York

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