Cumulus Investors, LLC v. Bernardi et al

Filing 60

ORDERED that the Magistrate Judges Report and Recommendation, [Doc. No. 51], be, and the same hereby is, ADOPTED; and it is further ORDERED that Counts IV and V are held in abeyance pending the outcome of the civil action against co Defendant Cardak; and it is further ORDERED that Cumulus Investors, LLC's Motion for Default Judgment, [Doc. No. 42], and Amended Motion, [Doc. No. 43], be, and the same hereby are, GRANTED (see order for details). Signed by District Judge Anthony J Trenga on 1/13/2022. (shea, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division
CUMULUS INVESTOR, LLC,

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Plaintiff,
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v.
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ROBERT P. BERNARDI, et al.,
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Defendants.
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____________________________________)

Civil Action No.: 1:20-cv-00298 (AJT/IDD)

ORDER
This matter is before the Court on the Report and Recommendation, [Doc. No. 51], of
Magistrate Judge Davis recommending that default judgment be entered against Defendant
Bernardi. The Magistrate Judge also advised the parties that objections to the Report and
Recommendation must be filed within fourteen (14) days of service and that failure to object
waives appellate review. No objections have been filed. The Court has conducted a de novo
review of the evidence in this case and adopts and incorporates the findings and
recommendations of the Magistrate Judge in their entirety. Accordingly, it is hereby
ORDERED that the Magistrate Judge’s Report and Recommendation, [Doc. No. 51], be,
and the same hereby is, ADOPTED; and it is further
ORDERED that default judgment be, and the same hereby is, ENTERED against
Defendant Bernardi and in favor of Plaintiff Cumulus Investor, LLC as to Count III in the
amount of $5,822,077.33 as of January 13, 2022, representing $630,888.89 of interest calculated
through November 11, 2019 and $1,192,870.38 of interest calculated through January 13, 2022,
with post-judgment interest at the Promissory Note default rate of twelve percent; and it is
further

ORDERED that Counts IV and V are held in abeyance pending the outcome of the civil
action against co-Defendant Cardak; and it is further
ORDERED that Cumulus Investors, LLC’s Motion for Default Judgment, [Doc. No. 42],
and Amended Motion, [Doc. No. 43], be, and the same hereby are, GRANTED.

The Clerk is directed to forward copies of this Order to all counsel of record.

Alexandria, Virginia
January 13, 2022