United States of America v. United States Environmental Universal Services, Inc. et al

Filing 63

ORDER ADOPTING REPORT AND RECOMMENDATION: Before the Court is the Report and Recommendation ("R&R") of Magistrate Judge George A. Yanthis, dated October 30, 2013, (Doc. 61), recommending that a judgment of default be entered against Defenda nt Palonia Development & Restoration Services Co., LLC ("Palonia"). No objections to the R&R have been filed, so I review it for clear error. No error clear or otherwise being apparent, the R&R is hereby adopted as the decision of the Court . Defendant Palonia is hereby declared in default, and a default judgment will be entered against it in an amount to be determined after an inquest. The Clerk of Court is respectfully directed to re-designate this matter to Magistrate Judge Davison, to whom the undersigned will refer the case for an inquest as to damages for both Defendant Palonia and Defendant United States Environmental Universal Services, Inc. (See Docs. 57, 60.) (Signed by Judge Cathy Seibel on 11/20/2013) (lnl)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------x
UNITED STATES OF AMERICA for
the use and benefit of National
Development and Construction Corp.,
Plaintiff,
-againstUNITED STATES ENVIRONMENTAL
UNIVERSAL SERVICES, INC.,
PALONIA DEVELOPMENT &
PRESERVATION SERVICES CO.,
LLC, and FIRST SEALORD SURETY,
INC.,

ORDER ADOPTING REPORT
AND RECOMMENDATION

11-CV-730 (CS)

Defendants.
---------------------------------------------------x
Seibel, J.
Before the Court is the Report and Recommendation (“R&R”) of Magistrate Judge
George A. Yanthis, dated October 30, 2013, (Doc. 61), recommending that a judgment of default
be entered against Defendant Palonia Development & Restoration Services Co., LLC
(“Palonia”). No objections to the R&R have been filed, so I review it for clear error. No error –
clear or otherwise – being apparent, the R&R is hereby adopted as the decision of the Court.
Defendant Palonia is hereby declared in default, and a default judgment will be entered against it
in an amount to be determined after an inquest.
The Clerk of Court is respectfully directed to re-designate this matter to Magistrate Judge
Davison, to whom the undersigned will refer the case for an inquest as to damages for both
Defendant Palonia and Defendant United States Environmental Universal Services, Inc. (See
Docs. 57, 60.)
Dated: November 20, 2013
White Plains, New York

________________________
CATHY SEIBEL, U.S.D.J.