Integr8 Fuels, Inc. v. OW Bunker Panama SA

Filing 48

ORDER for 45 Report and Recommendations, 32 Motion to Confirm Arbitration filed by Integr8 Fuels, Inc. I have reviewed Judge Freeman's Report and Recommendation for clear error and find none. Accordingly, I hereby ADOPT the Report an d Recommendation, (Doc. 45), in its entirety. The arbitration award determining that Petitioner is entitled to set off its debt of $1,928,001.14 to Respondent by $600,395.53, and that Petitioner is entitled to reimbursement of its legal fees and costs totaling $88,772.09, as well as reimbursement of the arbitrators' fees totaling $22,825.00, (see Doc. 45, at 5), is affirmed. The Clerk of Court is respectfully directed to enter judgment accordingly, to terminate the motion pending at Document 32, and to close the case. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/13/2019) (rro) Transmission to Orders and Judgments Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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INTEGR8 FUELS, INC.,
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Petitioner, :
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-v:
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OW BUNKER PANAMA SA,
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Respondent. :
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9/13/2019

16-CV-4073 (VSB)
ORDER

VERNON S. BRODERICK, United States District Judge:
Petitioner Integr8 Fuels, Inc. originally commenced this action on June 1, 2016, by filing
a petition seeking to compel Respondent OW Bunker Panama SA to arbitrate a dispute between
the parties. (Doc. 1.) After Respondent failed to appear, I issued an Order on June 14, 2017,
directing that a default judgment be entered against Respondent and affording Petitioner the
relief requested. (Doc. 30.) The matter then proceeded to arbitration, resulting in an award
favorable to Petitioner. (See Doc. 32.) On January 3, 2019, Petitioner returned to the Court and
filed a motion to confirm the arbitration award (the “Petition”). (Doc. 32.) Once again,
Respondent failed to respond to the Petition or to otherwise appear. On March 14, 2019, I
referred the Petition to Magistrate Judge Debra C. Freeman for a determination as to liability and
damages. (See Doc. 35.)
On August 12, 2019, Judge Freeman issued a Report and Recommendation advocating
that I confirm the arbitration award. (Doc. 45.) No objections have been filed, the deadline for
objections has passed, and no request for an extension has been filed. See 28 U.S.C. § 636(b)(1);
Fed. R. Civ. P. 72(b).

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A district court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). When a party submits
a timely, specific objection, a district court reviews de novo the parts of the report and
recommendation to which the party objected. Id.; see also Fed. R. Civ. P. 72(b)(3). With regard
to a report and recommendation that is not objected to, or the unobjected-to portions of a report
and recommendation, a district court reviews the report and recommendation, or the unobjectedto portion thereof, for clear error. DiPilato v. 7-Eleven, Inc., 662 F. Supp. 2d 333, 339 (S.D.N.Y.
2009); Lewis v. Zon, 573 F. Supp. 2d 804, 811 (S.D.N.Y. 2008); Wilds v. United Parcel Serv.,
Inc., 262 F. Supp. 2d 163, 169 (S.D.N.Y. 2003).
I have reviewed Judge Freeman’s Report and Recommendation for clear error and find
none. Accordingly, I hereby ADOPT the Report and Recommendation, (Doc. 45), in its entirety.
The arbitration award determining that Petitioner is entitled to set off its debt of $1,928,001.14 to
Respondent by $600,395.53, and that Petitioner is entitled to reimbursement of its legal fees and
costs totaling $88,772.09, as well as reimbursement of the arbitrators’ fees totaling $22,825.00,
(see Doc. 45, at 5), is affirmed.
The Clerk of Court is respectfully directed to enter judgment accordingly, to terminate
the motion pending at Document 32, and to close the case.
SO ORDERED.
Dated:

September 13, 2019
New York, New York
______________________
Vernon S. Broderick
United States District Judge

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