Jordonne et al v. Ole Bar & Grill Inc. et al

Filing 77

ORDER ADOPTING REPORT AND RECOMMENDATIONS: for 75 Report and Recommendations. Accordingly, the R&R is adopted in its entirety as the opinion of the Court. The Clerk is instructed to enter a Judgment:(1) awarding compensatory damages in the am ount of $2,715,000 in favor of plaintiff Brunel Jordonne and against defendants Ole Bar & Grill, Inc., and La Hacienda Bar, Inc.; and (2) awarding compensatory damages in the amount of $25,000 in favor of plaintiff Kelson Sainlivus and a gainst defendants Ole Bar &Grill, Inc., and La Hacienda Bar, Inc. After entering Judgment as directed, the Clerk is further instructed to terminate the pending motion (Doc. #68) and close this case. (Signed by Magistrate Judge Paul E. Davison on 6/15/2016) (rj)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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BRUNEL JORDAN and KELSON
:
SAINVILUS,
:
Plaintiffs,
:
:
v.
:
:
OLE BAR & GRILL, INC., ANGELO BALBO
:
MANAGEMENT, LLC, and LA HACIENDA
:
BAR, INC.,
:
Defendants.
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ORDER ADOPTING REPORT
AND RECOMMENDATION
13 CV 1573 (VB)

Briccetti, J.:
Before the Court is Magistrate Judge Judith C. McCarthy’s Report and Recommendation
(“R&R”), dated April 26, 2016, in response to the Court’s Order of Reference for an inquest on
damages. (Doc. #66).
Judge McCarthy recommended entry of a Judgment against defendants Ole Bar & Grill,
Inc., and La Hacienda Bar, Inc., awarding compensatory damages to plaintiff Brunel Jordonne in
the amount of $2,715,000, and awarding compensatory damages to plaintiff Kelson Sainlivus in
the amount of $25,000. Judge McCarthy also recommended that punitive damages not be
awarded to either plaintiff.
The case was previously settled between plaintiffs and defendant Angelo Balbo
Management, LLC, and partial stipulations and orders of dismissal were entered as to that
defendant. (Docs. ## 63, 65). Familiarity with the factual and procedural background of this
case is otherwise presumed.
For the following reasons, the Court adopts the R&R in its entirety as the opinion of the
Court.
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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).
No party has objected to Judge McCarthy’s thorough and well-reasoned R&R.
The Court has carefully reviewed the R&R and finds no error, clear or otherwise.
CONCLUSION
Accordingly, the R&R is adopted in its entirety as the opinion of the Court.
The Clerk is instructed to enter a Judgment:
(1) awarding compensatory damages in the amount of $2,715,000 in favor of plaintiff
Brunel Jordonne and against defendants Ole Bar & Grill, Inc., and La Hacienda Bar, Inc.; and
(2) awarding compensatory damages in the amount of $25,000 in favor of plaintiff
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Kelson Sainlivus and against defendants Ole Bar & Grill, Inc., and La Hacienda Bar, Inc.
After entering Judgment as directed, the Clerk is further instructed to terminate the
pending motion (Doc. #68) and close this case.
Dated: June 15, 2016
White Plains, NY
SO ORDERED:

____________________________
Vincent L. Briccetti
United States District Judge

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