Arc Communications Co Ltd v. Rotomotion LLC et al

Filing 44

ORDER affirming 40 Report and Recommendation.; granting 20 Motion for Default Judgment. Judgment shall be entered against defendant Rotomotion, LLC in favor of plaintiff Arc Communications Co., Ltd in the amount of Nine ty Nine Thousand Six Hundred Fifty Six and 63/100 dollars ($99,656.63), together with interest to accrue from the date of judgment forward to the extent provided for and permitted by applicable law. Signed by Honorable David C Norton on 12/2/2015.(eric, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
Arc Communications Co., Ltd.,

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Plaintiff,
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vs.
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Rotomotion, LLC and Dennis S.
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D’Annunzio,
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Defendants.
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___________________________________ )

C/A No.: 2:14-cv-4195 DCN

ORDER

The above referenced case is before this court upon the magistrate judge's recommendation that plaintiff’s motion for default judgment be granted.
This court is charged with conducting a de novo review of any portion of the magistrate
judge's report to which a specific objection is registered, and may accept, reject, or modify, in
whole or in part, the recommendations contained in that report. 28 U.S.C. § 636(b)(1).
However, absent prompt objection by a dissatisfied party, it appears that Congress did not intend
for the district court to review the factual and legal conclusions of the magistrate judge. Thomas
v Arn, 474 U.S. 140 (1985). Additionally, any party who fails to file timely, written objections
to the magistrate judge's report pursuant to 28 U.S.C. § 636(b)(1) waives the right to raise those
objections at the appellate court level. United States v. Schronce, 727 F.2d 91 (4th Cir. 1984),
cert. denied, 467 U.S. 1208 (1984).1 No objections have been filed to the magistrate judge’s

1

In Wright v. Collins, 766 F.2d 841 (4th Cir. 1985), the court held "that a pro se litigant
must receive fair notification of the consequences of failure to object to a magistrate judge's
report before such a procedural default will result in waiver of the right to appeal. The notice
must be 'sufficiently understandable to one in appellant's circumstances fairly to appraise him
of what is required.'" Id. at 846. Plaintiff was advised in a clear manner that his objections had
to be filed within ten (10) days, and he received notice of the consequences at the appellate
level of his failure to object to the magistrate judge's report.

report and recommendation.
A de novo review of the record indicates that the magistrate judge's report accurately
summarizes this case and the applicable law. Accordingly, the magistrate judge’s report and
recommendation is AFFIRMED, and plaintiff’s motion for default judgment is GRANTED.
Judgment shall be entered against defendant Rotomotion, LLC in favor of plaintiff Arc
Communications Co., Ltd. in the amount of Ninety Nine Thousand Six Hundred Fifty Six and
63/100 dollars ($99,656.63), together with interest to accrue from the date of judgment forward
to the extent provided for and permitted by applicable law.
AND IT IS SO ORDERED.

David C. Norton
United States District Judge

December 2, 2015
Charleston, South Carolina

NOTICE OF RIGHT TO APPEAL
The parties are hereby notified that any right to appeal this Order is governed by Rules 3
and 4 of the Federal Rules of Appellate Procedure.