PMJ Capital Corp. v. The Lady Antoinette et al

Filing 232

ORDER: for 230 Report and Recommendations,, As of the date of this Order, no objections have been filed. The Court thus reviews the R & R for clear error and finds none. The Court therefore adopts the R & R in its entirety and GRANTS PMJ Cap ital Corp.'s motion for default judgment against Defendants The Lady Antoinette and Frank and Antoinette Bauco. A default judgment in rem shall be entered against The Lady Antoinette and a default judgment in the amount of $288,895.32 sh all be entered against Frank and Antoinette Bauco, jointly and severally. This order resolves Dkt. No. 209. The Clerk of Court is respectfully directed to enter judgment and close this case. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/14/2020) (ks) Transmission to Orders and Judgments Clerk for processing.

Case 1:16-cv-06242-AJN-SDA Document 232 Filed 08/14/20 Page 1 of 2
8/14/20

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

PMJ Capital Corp.,
Plaintiff,
16-cv-6242 (AJN) (SDA)
–v–
ORDER
Frank Bauco, et al.,
Defendants.

ALISON J. NATHAN, District Judge:
Before the Court is Judge Aaron’s February 19, 2020 Report & Recommendation
(“R & R”) recommending that the Court grant Plaintiff PMJ Capital Corp.’s motion for default
judgment against Defendants The Lady Antoinette and Frank and Antoinette Bauco. See Dkt.
No. 230.
When considering the findings and recommendations of a magistrate judge, the Court
may “accept, reject, or modify [them], in whole or in part.” 28 U.S.C. § 636(b)(1). The Court
must make a de novo determination of any portions of a magistrate’s report, findings, or
recommendations to which a party raises an objection, and reviews only for “clear error on the
face of the record” when there are no objections to the R & R. Brennan v. Colvin, No. 13-cv6338 (AJN) (RLE), 2015 WL 1402204, at *1 (S.D.N.Y. Mar. 25, 2015); see also Hicks v. Ercole,
No. 09-cv-2531 (AJN) (MHD), 2015 WL 1266800, at *1 (S.D.N.Y. Mar. 18, 2015); Gomez v.
Brown, 655 F. Supp. 2d 332, 341 (S.D.N.Y. 2009). Clear error is found only when, upon review
of the entire record, the Court is left with “the definite and firm conviction that a mistake has
been committed.” Laster v. Mancini, No. 07-cv-8265 (DAB) (MHD), 2013 WL 5405468, at *2
(S.D.N.Y. Sept. 25, 2013) (quoting United States v. Snow, 462 F.3d 55, 72 (2d Cir. 2006)).

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Case 1:16-cv-06242-AJN-SDA Document 232 Filed 08/14/20 Page 2 of 2

Objections to Judge Aaron’s R & R were due by March 4, 2020. See Dkt. No. 230 at 14;
see also 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b)(2). As of the date of this Order, no
objections have been filed. The Court thus reviews the R & R for clear error and finds none.
The Court therefore adopts the R & R in its entirety and GRANTS PMJ Capital Corp.’s motion
for default judgment against Defendants The Lady Antoinette and Frank and Antoinette Bauco.
A default judgment in rem shall be entered against The Lady Antoinette and a default judgment
in the amount of $288,895.32 shall be entered against Frank and Antoinette Bauco, jointly and
severally.
This order resolves Dkt. No. 209. The Clerk of Court is respectfully directed to enter
judgment and close this case.
SO ORDERED.

Dated: August 14, 2020
New York, New York
____________________________________
ALISON J. NATHAN
United States District Judge

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