Eastern Regional Medical Center, Inc. et al v. Battey

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATION: the R&R is adopted in its entirety as the opinion of the Court. The Clerk is instructed to enter judgment for plaintiffs against defendant Gregory Battey in the amount of $470,254.02, plus prejudgment interest at the rate of 9 percent per annum from October 28, 2013, until the date of entry of judgment, plus post-judgment interest calculated in accordance with 28 U.S.C. § 1961. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 4/24/2015) (lnl)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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EASTERN REGIONAL MEDICAL
:
CENTER, INC., and CANCER TREATMENT
:
CENTERS OF AMERICA PROFESSIONAL
:
CORPORATION OF PENNSYLVANIA, P.C.,
:
Plaintiffs,
:
v.
:
:
GREGORY BATTEY,
:
Defendant.
:
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ORDER ADOPTING REPORT
AND RECOMMENDATION
13 CV 7594 (VB)

Briccetti, J.:
Before the Court is Magistrate Judge Lisa Margaret Smith’s Report and Recommendation
(“R&R”), dated March 5, 2015 (Doc. #24), recommending that the Court enter judgment in favor
of plaintiffs on their breach of contract claim against defendant in the amount of $470,254.02,
plus prejudgment and post-judgment interest.
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.
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).
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
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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).
Neither party objected to Judge Smith’s thorough and well-reasoned R&R.
The Court has 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 judgment for plaintiffs against defendant Gregory Battey
in the amount of $470,254.02, plus prejudgment interest at the rate of 9% per annum from
October 28, 2013, until the date of entry of judgment, plus post-judgment interest calculated in
accordance with 28 U.S.C. § 1961.
Dated: April 24, 2015
White Plains, NY
SO ORDERED:

____________________________
Vincent L. Briccetti
United States District Judge

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