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Long Island Housing Services v. Greenview Properties

United States District Court, E.D. New York
Jan 11, 2008
07CV0352 (ADS) (WDW) (E.D.N.Y. Jan. 11, 2008)

Summary

holding that, "[w]hen there are multiple defendants who may be jointly and severally liable for damages alleged by plaintiff, and some . . . of those defendants default, the better practice is for the district court to stay its determination of damages against the defaulters until plaintiff's claim against the nondefaulters is resolved"

Summary of this case from Teller v. City of Schenectady

Opinion

07CV0352 (ADS) (WDW).

January 11, 2008

RELMAN DANE, PLC, Attorneys for the Plaintiff, Washington, DC, By: Elena Grigera, Esq., Scott Chang, Esq. Of Counsel.

LAW OFFICES OF MARTIN J. COLEMAN, Attorneys for the Plaintiff, Woodbury, NY, By: Martin J. Coleman, Esq., Of Counsel. CERTILMAN BALIN ADLER HYMAN, LLP, Attorneys for Defendants Greenview Properties, Inc., Greenview Commons Associates, L.P., Larry C. Gargano, and Pickman Realty Corporation, East Meadow, NY, By: Douglas E. Rowe, Esq., Of Counsel.

FARBER, BROCKS ZANE, LLP, Attorneys for Defendant Axelrod Cherveny Architects, P.C., Mineola, NY, By: Braden H. Farber, Esq., Of Counsel.

NO APPEARANCE , Studio A Architectural Group, P.C.


ORDER


On November 19, 2007, a default judgment was entered against the Defendant Studio A Architectural Group, P.C. This matter was referred to United States Magistrate Judge William D. Wall for a Report and Recommendation ("Report") to determine the amount of damages to be awarded to the Plaintiff.

On December 3, 2007, Judge Wall issued a Report, recommending that because a calculation of damages against the defaulting defendant is complicated by the presence of several non-defaulting defendants, such calculation should be postponed until the case is resolved as to all defendants.

To date, there have been no objections filed to the Report. In reviewing a report and recommendation, a court "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)(C). "To accept the report and recommendation of a magistrate, to which no timely objection has been made, a district court need only satisfy itself that there is no clear error on the face of the record." Wilds v. United Parcel Serv., 262 F. Supp. 2d 163, 169 (S.D.N.Y. 2003) (citingNelson v. Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y. 1985)); see also Pizarro v. Bartlett, 776 F. Supp. 815, 817 (S.D.N.Y. 1991).

The Court has reviewed the Report and agrees that a determination of damages as against Studio A Architectural Group, P.C. is premature. There being no objection to Judge Wall's Report, it is hereby

ORDERED, that Judge Wall's Report and Recommendation is adopted in its entirety; and it is further

ORDERED, that the calculation of damages and entry of final judgment against Studio A Architectural Group is stayed until after resolution of the action as to all defendants.

SO ORDERED.


Summaries of

Long Island Housing Services v. Greenview Properties

United States District Court, E.D. New York
Jan 11, 2008
07CV0352 (ADS) (WDW) (E.D.N.Y. Jan. 11, 2008)

holding that, "[w]hen there are multiple defendants who may be jointly and severally liable for damages alleged by plaintiff, and some . . . of those defendants default, the better practice is for the district court to stay its determination of damages against the defaulters until plaintiff's claim against the nondefaulters is resolved"

Summary of this case from Teller v. City of Schenectady

noting that "[w]hen there are multiple defendants who may be jointly and severally liable for damages alleged by plaintiff, and some but less than all of those defendants default, the better practice is for the district court to stay its determination of damages against the defaulters until plaintiff's claim against the nondefaulters is resolved"

Summary of this case from Badalamenti v. Country Imported Car Corp.
Case details for

Long Island Housing Services v. Greenview Properties

Case Details

Full title:LONG ISLAND HOUSING SERVICES, Plaintiff, v. GREENVIEW PROPERTIES, INC.…

Court:United States District Court, E.D. New York

Date published: Jan 11, 2008

Citations

07CV0352 (ADS) (WDW) (E.D.N.Y. Jan. 11, 2008)

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