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

Filing 72

ORDER ADOPTING REPORT AND RECOMMENDATION: Before the Court is the Report and Recommendation of Magistrate Judge Paul E. Davison dated July 15, 2014 (the "R&R"). (Doc. 71.) No objections have been received. I have reviewed the R&R for cl ear error and find none. Accordingly, the R&R is hereby adopted as the decision of the Court. The Clerk of Court is respectfully directed to enter judgment against Defendant Palonia Development & Preservation Services Co. LLC ("Palonia" ), and in favor of Plaintiff National Development & Construction Corp., ("NDC"), on NDC's breach of contract claim against Palonia, in the principal amount of $120,000.00, plus prejudgment interest in the amount of $48,70 4.74, plus additional prejudgment interest at the rate of $29.59 per day from July 15, 2014 until the date judgment is entered. All other claims having been disposed of (save those against First Sealord Surety, Inc., which was liquidated by the Commonwealth of Pennsylvania in or about March 2012), the Clerk of Court is also respectfully directed to close the case. (Signed by Judge Cathy Seibel on 9/2/2014) (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 of Magistrate Judge Paul E.
Davison dated July 15, 2014 (the “R&R”). (Doc. 71.) No objections have been received. I have
reviewed the R&R for clear error and find none. Accordingly, the R&R is hereby adopted as the
decision of the Court.
The Clerk of Court is respectfully directed to enter judgment against Defendant Palonia
Development & Preservation Services Co. LLC (“Palonia”), and in favor of Plaintiff National
Development & Construction Corp., (“NDC”), on NDC’s breach of contract claim against
Palonia, in the principal amount of $120,000.00, plus prejudgment interest in the amount of
$48,704.74, plus additional prejudgment interest at the rate of $29.59 per day from July 15, 2014
until the date judgment is entered. All other claims having been disposed of (save those against
First Sealord Surety, Inc., which was liquidated by the Commonwealth of Pennsylvania in or
about March 2012), the Clerk of Court is also respectfully directed to close the case.
Dated: September 2, 2014
White Plains, New York

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