OOO FC Grand Capital v. International Pharmaceutical Services Ltd. et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS : Upon careful review and consideration, the Court finds Judge Lockes R&R to be comprehensive, well-reasoned, and free of clear error, and it ADOPTS the R&R in its entirety. For the foregoing reasons, Judge L ockes R&R (Docket Entry 57) is ADOPTED in its entirety. FC Grands motion for default judgment (Docket Entry 26) is GRANTED and the Award is CONFIRMED. The Clerk of the Court is directed to enter judgmentin favor of FC Grand against International Phar maceutical Services Ltd. in the amount of $465,980.00. FC Grand is directed to serve a copy of this Memorandumand Order on IPS and all other respondents by certified mail, and to file proof of service with the Court.. Ordered by Judge Joanna Seybert on 2/14/2018. (Bollbach, Jean)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
OOO FC GRAND CAPITAL,
MEMORANDUM & ORDER
-againstINTERNATIONAL PHARMACEUTICAL SERVICES
LTD., MORDECHAY MOVTADY, and EFIM
Alexandra M.C. Douglas, Esq.
John F. Whelan, Esq.
John M. Lundin, Esq.
Schlam Stone & Dolan LLP
26 Broadway, 19th Floor
New York, NY 10004
Mordechay Movtady, pro se
17 Fir Street
Kings Point, NY 11024
For Interested Party:
Inen Trading Inc.
Anthony J. Del Giudice, Esq.
Wilk Auslander LLP
New York, NY 10036
SEYBERT, District Judge:
Pending before the Court are: (1) Petitioner OOO FC Grand
(Pet.’s Mot., Docket Entry 26) and (2) Magistrate Judge Steven I.
Locke’s Report and Recommendation (“R&R”) recommending that this
Court grant FC Grand’s motion, and specifically that the Court
confirm the arbitration award and enter judgment in favor of FC
Grand against IPS in the amount of $465,980.00 (R&R, Docket Entry
For the following reasons, the Court ADOPTS Judge Locke’s
R&R in its entirety.
FC Grand commenced this action on November 4, 2016,
seeking an order confirming a foreign arbitral award of $465,980.00
(the “Award”) issued in its favor against IPS by an arbitration
tribunal in Moscow, Russia on August 31, 2015. (Pet., Docket Entry
1, at 1; R&R at 5.)
IPS did not answer the Petition or otherwise
appear in this action, 1 and the Clerk of the Court entered a
Certificate of Default against it on February 15, 2017.
Def., Docket Entry 15.)
FC Grand filed this Motion for Default
Judgment on May 19, 2017, which the undersigned referred to Judge
Locke on October 13, 2017 for a Report and Recommendation as to
determine the appropriate amount of damages, costs, and/or fees to
During the underlying arbitration proceedings, IPS also failed
to appear at two hearings and did not otherwise communicate with
the tribunal. (R&R at 9.)
be awarded. (Pet.’s Mot.; Referral Order, Docket Entry 49.) Judge
Locke issued his R&R on December 15, 2017.
Having reviewed the parties’ submissions and recognizing
“extremely deferential,” Judge Locke found that FC Grand met its
burden of showing that there are “no issues of material fact
Accordingly, Judge Locke recommended that the Court grant FC
Grand’s motion, and specifically that the Court confirm the Award
and enter judgment in favor of FC Grand against IPS in the amount
(R&R at 1-2.)
In reviewing an R&R, a district court “may accept,
§ 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 (14) 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.
For the foregoing reasons, Judge Locke’s R&R (Docket
Entry 57) is ADOPTED in its entirety.
FC Grand’s motion for
default judgment (Docket Entry 26) is GRANTED and the Award is
The Clerk of the Court is directed to enter judgment
in favor of FC Grand against International Pharmaceutical Services
Ltd. in the amount of $465,980.00.
FC Grand is directed to serve a copy of this Memorandum
and Order on IPS and all other respondents by certified mail, and
to file proof of service with the Court.
/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
14 , 2018
Central Islip, New York
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?