Power Up Lending Group, LTD. v. North American Custom Specialty Vehicles, Inc. et al

Filing 13

ADOPTION ORDER - On July 26, 2017, Judge Shields issued a report and recommendation (the R&R) recommending that the Plaintiffs motion for default judgment be granted, and that it be awarded damages against all of the Defendants, jointly and severally , in the amount of $109,302.79. It has been more than fourteen days since the service of the R&R, and the parties have not filed objections. As such, pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has revi ewed the R&R for clear error, and finding none, now concurs in both its reasoning and its result. See Coburn v. P.N. Fin., No. 13-CV-1006 (ADS) (SIL), 2015 WL 520346, at *1 (E.D.N.Y. Feb. 9, 2015) (reviewing Report and Recommendation without objectio ns for clear error). Accordingly, the R&R is adopted in its entirety. The Clerk of the Court is respectfully directed to enter judgment for the Plaintiff in the amount of $109,302.79, and to close the case. SEE ATTACHED ORDER for details. Ordered by Judge Arthur D. Spatt on 8/11/2017. (Coleman, Laurie)

FILED 
CLERK 

10:21 am, Aug 11, 2017

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

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

ADOPTION ORDER
16-cv-1025 (ADS)(AYS)

-againstNORTH AMERICAN CUSTOM SPECIALTY
VEHICLES, INC., a DE corporation; a
subsidiary of Global Digital doing business as
Nacs Vehicles, Inc., GLOBAL DIGITAL
SOLUTIONS, INC., JEROME J. GOMOLSKI,
Defendant(s).
---------------------------------------------------------X
APPEARANCES:
Naidich Wurman LLP
Attorneys for the Plaintiff
111 Great Neck Road
Suite 214
Great Neck, NY 11021
By:
Richard S. Naidich, Esq.,
Robert P. Johnson, Esq., Of Counsel
NO APPEARANCES:
North American Custom Specialty Vehicles, Inc., Global Digital Solutions, Inc., Jerome J.
Gomolski
The Defendants
SPATT, District Judge.
On October 4, 2016, the Clerk of the Court noted the default of the Defendants North
American Custom Specialty Vehicles, Inc., Global Digital Solutions, Inc., and Jerome J.
Gomolski (collectively, the “Defendants”).

On October 21, 2016, the Plaintiff Power Up

Lending Group, LTD. (the “Plaintiff”) moved for a default judgment against the Defendants. On
October 22, 2016, this Court referred the Plaintiff’s motion to Magistrate Judge Anne Y. Shields
for a report and recommendation.
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On July 26, 2017, Judge Shields issued a report and recommendation (the “R&R”)
recommending that the Plaintiff’s motion for default judgment be granted, and that it be awarded
damages against all of the Defendants, jointly and severally, in the amount of $109,302.79.
It has been more than fourteen days since the service of the R&R, and the parties have
not filed objections.
As such, pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this
Court has reviewed the R&R for clear error, and finding none, now concurs in both its reasoning
and its result. See Coburn v. P.N. Fin., No. 13-CV-1006 (ADS) (SIL), 2015 WL 520346, at *1
(E.D.N.Y. Feb. 9, 2015) (reviewing Report and Recommendation without objections for clear
error).
Accordingly, the R&R is adopted in its entirety.
The Clerk of the Court is respectfully directed to enter judgment for the Plaintiff in the
amount of $109,302.79, and to close the case.
SO ORDERED.
Dated: Central Islip, New York
August 11, 2017

_/s/ Arthur D. Spatt_
ARTHUR D. SPATT
United States District Judge

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