Phillips 66 Company v. TNT Petroleum, Inc. et al

Filing 27

CORRECTED ORDER ADOPTING REPORT AND RECOMMENDATIONS; That judgment be entered in favor of plaintiff and against defendants, jointly and severally, awarding plaintiff compensatory damages in the amount of $580,479.03 plus prejudgment interest in the amount of $50,972.32 through February 2, 2017, and from that date until judgment is entered at the rate of $79.52 per diem, attorneys fees in the amount of $25,276.30, and costs in the amount of $1,935.01. Post judgment interest shall accrued in accordance with 28 U.S.C. § 1961. (Ordered by Judge Denis R. Hurley on 3/2/2017.) (Fagan, Linda)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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PHILLIPS 66 COMPANY,
CORRECTED1
ORDER ADOPTING R & R
Civil Action No. 15-5938(DRH)(SIL)

Plaintiff,
-againstTNT PETROLEUM, INC., et al.
Defendants.
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HURLEY, Senior District Judge:

Presently before the Court is the Report and Recommendation, dated February 2, 2017, of
Magistrate Judge Steven I. Locke recommending that the motion of plaintiff Phillips 66 Company
(“plaintiff”) for a default judgment against defendants TNT Petroleum, Inc., Tamer Azaz, Paradise
Petroleum Realty Corp., and Reese@419, Inc. (collectively “defendants”) be granted and judgment
be entered in favor of plaintiff and against defendants, jointly and severally, awarding plaintiff
compensatory damages in the amount of $580,479.03 plus prejudgment interest in the amount of
$50,972.32 through February 2, 2017, and from that date until judgment is entered at the rate of
$79.52 per diem, attorneys’ fees in the amount of $25,276.30, and costs in the amount of $1,935.01.
More than fourteen days have elapsed since service of the Report and Recommendation and no
objections have been filed.
1

This Corrected Order Adopting R & R is being entered to reflect the amount of
prejudgment interest Magistrate Judge Locke recommended be awarded in his February 2, 2017
Report and Recommendation (see ECF No. 21), to wit, $50,972.32, and not the $25,276.30
amount stated by this Court in its original, February 27, 2017 Order Adopting R & R. (See ECF
No. 26.) In all other respects, this Corrected Order is the same as the Court’s February 27, 2017
Order.
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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 2, 2017 Report and Recommendation of Judge Locke as if set
forth herein. Accordingly,
IT IS HEREBY ORDERED that judgment be entered in favor of plaintiff and against
defendants, jointly and severally, awarding plaintiff compensatory damages in the amount of
$580,479.03 plus prejudgment interest in the amount of $50,972.32 through February 2, 2017, and
from that date until judgment is entered at the rate of $79.52 per diem, attorneys’ fees in the amount
of $25,276.30, and costs in the amount of $1,935.01. Post judgment interest shall accrued in
accordance with 28 U.S.C. § 1961.
Dated: Central Islip, N.Y.
March 2, 2017

/s/ Denis R. Hurley
Denis R. Hurley
United States District Judge

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