Days Inns Worldwide, Inc. v. Hospitality Corporationof the Carolinas et al

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 20 Report and Recommendation. The Report recommends that Plaintiff be awarded judgment against both Defendants for the following amounts: $114,750.08 in unpaid contract obligations; prejudgment interest on $114,750.08 at a rate of nine percent per annum, calculated from the midpoint between May 1, 2009 and the date of this Order; $150,000 in liquidated damages; and prejudgment interest on $150,000 at a rate of nine percent p er annum, calculated from July 30, 2011 through the date of this Order. Id. The Court has reviewed the Report. Neither of the Defendants has appeared in this action. Objections to the Report were due on September 11, 2015. (Dkt. No. 20.) No party fil ed a timely objection; therefore the Court reviews the Report for clear error. Judge Maas' well-reasoned Report presents no such errors. Accordingly, the Report is fully adopted by this Court and damages are awarded as calculated in the Report. (Signed by Judge J. Paul Oetken on 9/14/2015) (kko)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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DAYS INNS WORLDWIDE, INC., formerly
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known as DAYS INNS OF AMERICA, INC.,
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Plaintiff,
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-v:
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HOSPITALITY CORPORATION OF THE
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CAROLINAS and NALIN PATEL,
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Defendants. :
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13-CV-8941 (JPO)
ORDER ADOPTING
REPORT AND
RECOMMENDATION

J. PAUL OETKEN, District Judge:
On October 20, 2014, this Court ordered default judgment against Defendants Hospitality
Corporation of the Carolinas and Nalin Patel. (Dkt. No. 15.) The Court then referred this matter
to Magistrate Judge Frank Maas to conduct a damages inquest. (Dkt. No. 16.) Judge Maas has
conducted a thorough and careful inquest and has issued a Report and Recommendation (the
“Report”) to the Court. (Dkt. No. 20.)
The Report recommends that Plaintiff be awarded judgment against both Defendants for
the following amounts: $114,750.08 in unpaid contract obligations; prejudgment interest on
$114,750.08 at a rate of nine percent per annum, calculated from the midpoint between May 1,
2009 and the date of this Order; $150,000 in liquidated damages; and prejudgment interest on
$150,000 at a rate of nine percent per annum, calculated from July 30, 2011 through the date of
this Order. Id. The Court has reviewed the Report. Neither of the Defendants has appeared in
this action.
Objections to the Report were due on September 11, 2015. (Dkt. No. 20.) No party filed
a timely objection; therefore the Court reviews the Report for clear error. See Fed. R. Civ. P.

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72(b), Advisory Committee’s Notes (1983) (“When no timely objection is filed, the court need
only satisfy itself that there is no clear error on the face of the record in order to accept the
recommendation.”); see also Borcsok v. Early, 299 F. App’x 76, 77 (2d Cir. 2008).
Judge Maas’ well-reasoned Report presents no such errors. Accordingly, the Report is
fully adopted by this Court and damages are awarded as calculated in the Report.

SO ORDERED.

Dated: September 14, 2015
New York, New York
____________________________________
J. PAUL OETKEN
United States District Judge

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