Vorcom Internet Services, Inc. v. L&H Engineering & Design LLC et al

Filing 75

ORDER ADOPTING REPORT AND RECOMMENDATION for 74 Report and Recommendations. Accordingly, the R&R is adopted in its entirety as the opinion of the Court. Plaintiffs request for entry of a default judgment against LG is GRANTED. (Doc. #72). A default judgment is sua sponte entered against L&H. The Clerk is instructed to enter the judgments accordingly. This case is referred to Judge Smith for an inquest after default. (Signed by Judge Vincent L. Briccetti on 1/10/2014) (tro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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VORCOM INTERNET SERVICES,
:
INC.,
:
Plaintiff,
:
:
v.
:
:
L&H ENGINEERING & DESIGN LLC and LG :
ENGINEERING & DESIGN, INC.
:
Defendants.
:
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ORDER ADOPTING REPORT
AND RECOMMENDATION
12 CV 2049 (VB)

Briccetti, J.:
Before the Court is Magistrate Judge Lisa M. Smith’s Report and Recommendation
(“R&R”), dated December 11, 2013, on plaintiff’s renewed sanctions motion (Doc. #72), 1 which
seeks: (i) the entry of a judgment for monetary sanctions against LG and non-party James P.
LeDonne (“LeDonne”) 2 in the amount of plaintiff’s attorneys’ fees and costs incurred in seeking
to take LeDonne’s deposition, (ii) the issuance of an order precluding LeDonne from offering
any testimony during motion practice or trial on behalf of LG, and (iii) the entry of a default
judgment against defendant LG Engineering & Design, LLC (“LG”).
Judge Smith issued an Order granting plaintiff’s motion for monetary sanctions against
LG and LeDonne, and precluding LeDonne from offering any testimony during motion practice
or trial on behalf of LG. (See Doc. #74).
By R&R, Judge Smith recommended that the Court grant plaintiff’s request for entry of a
default judgment against LG, and also recommended that the Court sua sponte enter a default
1

Plaintiff’s motion was submitted in accordance with Judge Smith’s Order dated October
2, 2013 (Doc. #70).

2

As set forth in Judge Smith’s Order and R&R, LeDonne was originally named as a
defendant but was dismissed from the case. (See Doc. #26).
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judgment against defendant L&H Engineering & Design LLC (“L&H”); L&H has never
appeared in the action.
The Court presumes familiarity with the factual and procedural background of this case.
For the following reasons, the Court adopts the R&R as the opinion of the Court, grants
plaintiff’s request for entry of a default judgment against LG, sua sponte enters a default
judgment against L&H, and refers this matter back to Judge Smith for an inquest after default.
A district court reviewing a magistrate judge’s report and recommendation “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). Parties may raise objections to the magistrate judge’s report and
recommendation, but they must be “specific[,] written,” and submitted within 14 days after being
served with a copy of the recommended disposition. Fed. R. Civ. P. 72(b)(2); 28 U.S.C.
§ 636(b)(1).
Insofar as a report and recommendation deals with a dispositive motion, a district court
must conduct a de novo review of those portions of the report or specified proposed findings or
recommendations to which timely objections are made. 28 U.S.C. § 636(b)(1)(C). The district
court may adopt those portions of a report and recommendation to which no timely objections
have been made, provided no clear error is apparent from the face of the record. Lewis v. Zon,
573 F. Supp. 2d 804, 811 (S.D.N.Y. 2008); Nelson v. Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y.
1985). The clearly erroneous standard also applies when a party makes only conclusory or
general objections, or simply reiterates his original arguments. Ortiz v. Barkley, 558 F. Supp. 2d
444, 451 (S.D.N.Y. 2008).
None of the parties have objected to Judge Smith’s thorough and well-reasoned decision.
The Court has carefully reviewed the R&R and finds no error, clear or otherwise.
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CONCLUSION
Accordingly, the R&R is adopted in its entirety as the opinion of the Court.
Plaintiff’s request for entry of a default judgment against LG is GRANTED. (Doc. #72).
A default judgment is sua sponte entered against L&H.
The Clerk is instructed to enter the judgments accordingly.
This case is referred to Judge Smith for an inquest after default.
Dated: January 10, 2014
White Plains, NY
SO ORDERED:

____________________________
Vincent L. Briccetti
United States District Judge

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