KBM Worldwide, Inc. v. ERF Wireless Inc.

Filing 16

ADOPTION ORDER: More than fourteen ( 14) days have elapsed since service of the R&R on the Defendant, who have failed to file an objection. Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has reviewed the R&R fo r clear error, and finding none, now concurs in both its reasoning and its result. There being no objection to Judge Shields' R&R, it is hereby ORDERED, that Judge Shields' Report and Recommendation is adopted in its entirety. The Court (1) grants the Plaintiffs motion for a default judgment; (2) awards the Plaintiff $224,065.00 in damages; and (3) awards post-judgment interest to the Plaintiff; and it is further ORDERED, that the Clerk of the Court is directed to enter judgment in favor of the Plaintiff as set forth above. SEE ATTACHED ORDER for details. SO ORDERED by Judge Arthur D. Spatt on 2/14/2018. (Coleman, Laurie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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KBM WORLDWIDE, INC.,
Plaintiff,
-against-

ADOPTION ORDER
17-cv-854 (ADS) (AYS)

ERF WIRELESS, INC.,
Defendant.
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APPEARANCES:
Naidich Worman Birnbaum & Maday LLP
Counsel for the Plaintiff
111 Great Neck Road, Suite 214
Great Neck, NY 11021
By: Richard S. Naidich, Esq.
Robert Johnson, Esq., Of Counsel

FILE 0

IN CLERK'S OFFICE
U.S. DISTRICT COUR1 E.D.N.Y.

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F~B 14 2018

LONG

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tibANiJ OFFICE

NO APPEARANCES:

The Defendant
SPATT, District Judge.

On February 15, 2017, the Plaintiff, KBM Worldwide, Inc. (the "Plaintiff'), a New York
corporation, commenced this diversity breach of contract action against ERF Wireless, Inc. (the
"Defendant"), a Nevada corporation, seeking to recover amounts allegedly due under a series of
promissory notes.
On August 8, 2017, after the Defendant failed to answer or otherwise appear in this
action, the Clerk of the Court noted the default of the Defendant.
On August 11, 2017, the Plaintiff moved for a default judgment.

On August 14, 2017, the Court referred this matter to United States Magistrate Judge
Anne Y. Shields for a recommendation as to whether the motion for a default judgment should
be granted, and if so, what relief should be awarded.
On January 25, 2018, Judge Shields issued a Report & Recommendation (''R&R")
recommending that (1) the default judgment be granted; (2) that judgment be entered in the
amount of $224,065.00; and (3) that the District Court award post-judgment interest to the
Plaintiff.
More than fourteen ( 14) days have elapsed since service of the R&R on the Defendant,
who have failed to file an objection.
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. There being no objection to Judge Shields' R&R, it is hereby
ORDERED, that Judge Shields' Report and Recommendation is adopted in its entirety.

The Court (1) grants the Plaintiffs motion for a default judgment; (2) awards the Plaintiff
$224,065.00 in damages; and (3) awards post-judgment interest to the Plaintiff; and it is further
ORDERED, that the Clerk of the Court is directed to enter judgment in favor of the

Plaintiff as set forth above.

SO ORDERED.

Dated: Central Islip, New York
February 14, 2018
s/ Arthur D. Spatt

ARTHURD. SPATT
United States District Judge