Parlin Funds LLC et al v. Gilliams et al

Filing 153

ORDER: No objections have been filed. Thus, the Court reviews the report and recommendation for clear error and finds none. See Fed. R. Civ. P. 72(a). Accordingly, Judge Dolinger's well-reasoned report and recommendation is adopted in its entire ty as the opinion of the Court. If defendant TL Gilliams does not procure an appearance by an attorney on its behalf by 5:00 P.M. on January 25, 2012, then the Clerk of Court is respectfully directed to enter a default judgment against it. (Signed by Judge Andrew L. Carter, Jr on 1/10/2012) (djc)

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DOCUMENT
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

fiLED

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DATEnLED:

1-,,-1£

PARLIN FUNDS LLC and the THE PARLIN
FAMILY FOUNDATION,

PlaintiffS,
11 Civ. 2534 (ALC) (MHD)
- against -

ORDER

TYRONE GILLIAMS, TL GILLIAMS, LLC,
EVERETTE L. SCOTT, JR., ELAM & SCOTT,
LLP, THE SCOTT LAW GROUP, L.L.C.,
VASSILIS MORFOPOULOS, BASIC
INTERNATIONAL DEVELOPMENT CORPORATION,
THE H.E.A.R.T.T. FOUNDATION and BRETT M.
SMITH a/k/a "BRETT ANGELSON,"
J.R. DELGADO and GLOBAL FORTRESS, INC.,

Defendants.
ANDREW L. CARTER, JR., United States District Judge:

Plaintiffs Parlin Funds LLC and the Parlin Family
Foundation commenced this lawsuit in April 2011, alleging claims
for fraud, negligent misrepresentation, aiding and abetting
fraud, conversion, breach of contract, breach of fiduciary duty,
unjust enrichment and negligence.

These claims arise from

plaintiffs' $4 million investment in defendants' purportedly
"fraudulent \ investment' scheme." (Am. CompI.

~

1).

In July

2011, Judge Jed S. Rakoff referred all general pretrial and
dispositive motions to Magistrate Judge Michael H. Dolinger.
This case was transferred to my docket on January 9, 2012.

1

Various parties have made a series of motions.

Defendants

Tyrone Gilliams and an entity known as TL Gilliams, LLC have
filed motions to dismiss the original and amended complaints,
and defendants J.R. Delgado and Global Fortress, Inc.
("Fortress") have also moved to dismiss the amended complaint.
Plaintiffs have moved to disqualify G. Lynn Thorpe, Esq., from
representing defendants Delgado and Fortress and have moved for
a default judgment against Mr. Gilliams and TL Gilliams, LLC.
On November 28, 2011, Magistrate Judge Dolinger issued a
report recommending the following:

(I) that plaintiffs' motion

for default judgment against TL Gilliams, LLC be granted unless
the company procures an appearance by an attorney on its behalf
within two weeks from the adoption of his Report and
Recommendation,

(2) that plaintiffs' equivalent motion for a

default against Gilliams be denied,

(3) that the motions of

Gilliams and TL Gilliams, LLC to dismiss the original and
amended complaints be denied,

(4) that the motion by Delgado and

Fortress to dismiss the amended complaint be denied, and (S)
that plaintiffs' motion to disqualify Thorpe as counsel for
Delgado and Fortress be denied without prejudice. In his Report,
Judge Dolinger advised the parties that failure to file timely
objections to the Report would constitute waiver of those
objections.

See

§

636(b) (I) (c); Fed. R. Civ. P. 72(b} (2).

2

No objections have been filed.

Thus, the Court reviews the

report and recommendation for clear error and finds none.
Fed. R. Civ. P. 72(a).

See

Accordingly, Judge Dolinger's well-

reasoned report and recommendation is adopted in its entirety as
the opinion of the Court. If defendant TL Gilliams does not
procure an appearance by an attorney on its behalf by 5:00 P.M.
on January 25, 2012, then the Clerk of Court is respectfully
directed to enter a default judgment against it.

Dated: New York, New York
January 10, 2012
SO ORDERED.

Andrew L. Carter, Jr.

United States District Judge

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