Scharnikow v. Siracuse

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS : IT IS HEREBY ORDERED that default judgment be entered in favor of plaintiff against defendant on the breach of contract claim awarding plaintiff damages in the amount of $1,038,719.92, plus $204,8 38.76 in prejudgment interest through December 6, 2016 and an additional $256.12 per day in prejudgment interest from December 7, 2016 through the date judgment is entered; and it is FURTHER ORDERED that the motion for a default judgment on the claim for unjust enrichment is denied and that plaintiff recover nothing of the defendant on that claim. Ordered by Judge Denis R. Hurley on 12/29/2016. (Gapinski, Michele)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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GEORGE SCHARNIKOW,
Plaintiff,

ORDER ADOPTING R & R
Civil Action No. 15-6991(DRH)(SIL)

-againstGEORGE R. SIRACUSE,
Defendant.
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HURLEY, Senior District Judge:
Presently before the Court is the Report and Recommendation, dated December 6, 2016, of
Magistrate Judge Steven I. Locke recommending that plaintiff’s motion for default judgment be
granted. 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. Accordingly, this Court adopts the December 6, 2016 Report and Recommendation of Judge
Locke as if set forth herein. Accordingly,
IT IS HEREBY ORDERED that default judgment be entered in favor of plaintiff against
defendant on the breach of contract claim awarding plaintiff damages in the amount of
$1,038,719.92, plus $204,838.76 in prejudgment interest through December 6, 2016 and an
additional $256.12 per day in prejudgment interest from December 7, 2016 through the date
judgment is entered; and it is
FURTHER ORDERED that the motion for a default judgment on the claim for unjust

enrichment is denied and that plaintiff recover nothing of the defendant on that claim.
Dated: Central Islip, N.Y.
December 29, 2016

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