United States of America v. Myers

Filing 16

ORDER - On February 6, 2017, the Government filed proof of service of a copy of the R&R on the Defendant. More than fourteen days have elapsed, and the Defendant has failed to file an objection or request an extension of time to do so. Therefore, pu rsuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72, this Court has reviewed the R&R for clear error, and finding none, now concurs in both its reasoning and its result. Accordingly, the February 2, 2017 Report and Recommendation is adopted in i ts entirety, and the Governments motion seeking the entry of default judgment against the Defendant Daniel Myers is granted. The Clerk of the Court is respectfully directed to enter judgment in accordance with this Order, and to close this case. SEE ATTACHED ORDER for details. So Ordered by Judge Arthur D. Spatt on 2/22/2017. c/m to defendant. (Coleman, Laurie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA,

FILED 
CLERK 

8:48 am, Feb 22, 2017

U.S. DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
LONG ISLAND OFFICE 

Plaintiff,
Order
15-cv-7046 (ADS)(SIL)

-againstDANIEL MYERS,
Defendant.
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APPEARANCES:
U.S. Department of Justice, Tax Division
Attorneys for the Government
P.O. Box 55, Ben Franklin Station
Washington, DC 20044
By: Steven M. Dean, Esq.
NO APPEARANCE:
Daniel Myers
The Defendant
SPATT, District Judge:

On December 10, 2015, the Government commenced this tax liability action pursuant to
26 U.S.C. § 7401 et seq. to recover a monetary judgment of $2,757,788.64 against the Defendant Daniel
Myers, allegedly representing unpaid federal income taxes for the income tax years 2002 through
2008 and 2010 through 2013.
On January 11, 2015, the Government filed an amended complaint, which broadened the
relevant time period to include tax years 1999 through 2002, and increasing the total amount of
allegedly unpaid taxes to $2,822,642.45.
On February 24, 2016, the Clerk of the Court noted the Defendant’s default.
On April 22, 2016, the Government filed a motion for a default judgment, which was
subsequently referred to United States Magistrate Judge Steven I. Locke for a report and
recommendation.

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On February 2, 2017, Judge Locke issued a Report and Recommendation (“R&R”),
recommending that the motion for a default judgment be granted, and that damages be awarded in
the amount of $2,841,219.80, plus interest from March 23, 2016 to the date judgment is entered.
On February 6, 2017, the Government filed proof of service of a copy of the R&R on the
Defendant. More than fourteen days have elapsed, and the Defendant has failed to file an objection
or request an extension of time to do so.

Therefore, pursuant to 28 U.S.C. § 636(b) and

Fed. R. Civ. P. 72, this Court has reviewed the R&R for clear error, and finding none, now concurs in
both its reasoning and its result.
Accordingly, the February 2, 2017 Report and Recommendation is adopted in its entirety,
and the Government’s motion seeking the entry of default judgment against the Defendant Daniel
Myers is granted.
The Clerk of the Court is respectfully directed to enter judgment in accordance with this
Order, and to close this case.
It is SO ORDERED:
Dated: Central Islip, New York
February 22, 2017

/s/ Arthur D. Spatt_____________________________
ARTHUR D. SPATT
United States District Judge

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