Exact Investments LLC v. Vesnaver

Filing 26

ORDER ADOPTING 24 REPORT AND RECOMMENDATIONS: Plaintiffs 22 Motion for Default Judgment is DENIED WITHOUT PREJUDICE to refiling with the appropriate documentation. Plaintiff shall refile their motion papers on or before October 6, 2021. Ordered by Judge Denis R. Hurley on 9/21/2021. (Ready, John)

Case 2:17-cv-06109-DRH-ARL Document 26 Filed 09/21/21 Page 1 of 2 PageID #: 173

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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EXACT INVESTMENTS LLC,
Plaintiff,

ORDER ADOPTING REPORT
AND RECOMMENDATION

- against -

2:17-cv-6109 (DRH) (ARL)

PAUL VESNAVER both, individual and as an
ATTORNEY/PRINCIPAL in the LAW FIRM
OF PAUL VESNAVER P.C.,
Defendants.
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HURLEY, Senior District Judge:
Presently before the Court is the Report and Recommendation of Magistrate
Judge Arlene R. Lindsay, dated July 12, 2021 (the “R&R” [DE 24]), recommending
the Court deny without prejudice Plaintiff’s motion for default judgment. Judge
Lindsay concluded that “Plaintiff failed to provide a memorandum of law or any
support for its claim of damages or attorney’s fees.” R&R at 2.
More than fourteen (14) days have passed since service of the R&R and no
objections have been filed. See [DE 25]. Pursuant to 28 U.S.C. § 636(b) and Federal
Rule Civil Procedure 72, this Court has reviewed the R&R for clear error. Having
found none, the Court concurs in the R&R’s reasoning and result. Accordingly,
IT IS HEREBY ORDERED, the Plaintiff’s motion for default judgment is
DENIED WITHOUT PREJUDICE to refiling with the appropriate documentation.
Plaintiff shall refile their motion papers on or before October 6, 2021.

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Case 2:17-cv-06109-DRH-ARL Document 26 Filed 09/21/21 Page 2 of 2 PageID #: 174

SO ORDERED.
Dated: Central Islip, New York
September 21, 2021

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

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