From Casetext: Smarter Legal Research

Manheim Automotive Fin. Serv. v. Fleet Funding Corp.

United States District Court, E.D. New York
Apr 22, 2010
09-CV-4357 (NGG) (RER) (E.D.N.Y. Apr. 22, 2010)

Opinion

09-CV-4357 (NGG) (RER).

April 22, 2010


ORDER


On December 31, 2009, this court entered default judgment against Defendants in this breach of contract action. (See Order dated Dec. 31, 2009 (Docket Entry # 12).) The court referred the matter to Magistrate Judge Reyes for an inquest on damages. (Id.) Following his inquest, Judge Reyes issued a Report and Recommendation ("R R") recommending that Plaintiff be "awarded $416,305.21 in principal, $24,788.08 in prejudgment interest accrued through March 22, 2010, $8,185.00 in outstanding fees, $21,661.80 in attorneys' fees, $609.40 in costs and disbursements, for a total award of $471,549.49, plus interest at the legal rate in effect on the date of this judgment." (R R (Docket Entry # 20) 17.) Judge Reyes further recommends that "the amount of prejudgment interest be increased by $82.53 every day between the date of this Report and the entry of final judgment." (Id.)

Plaintiff served Judge Reyes's R R on Defendants on March 22, 2010. (See Aff. of Service (Docket Entry # 21).) No party has objected to Judge Reyes's R R; and the time for doing so has now passed. See Fed.R.Civ.P. 72(b)(2). Having reviewed Judge Reyes's thoroughly reasoned R R, the court adopts it in its entirety.See Urena v. New York, 160 F. Supp. 2d 606, 609-10 (S.D.N.Y. 2001) ("Portions of the R R to which the parties have not objected are reviewed for clear error"). The Clerk of Court is directed to enter judgment in accordance with Judge Reyes's R R.

SO ORDERED.


Summaries of

Manheim Automotive Fin. Serv. v. Fleet Funding Corp.

United States District Court, E.D. New York
Apr 22, 2010
09-CV-4357 (NGG) (RER) (E.D.N.Y. Apr. 22, 2010)
Case details for

Manheim Automotive Fin. Serv. v. Fleet Funding Corp.

Case Details

Full title:MANHEIM AUTOMOTIVE FINANCIAL SERVICES, INC., Plaintiff, v. FLEET FUNDING…

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

Date published: Apr 22, 2010

Citations

09-CV-4357 (NGG) (RER) (E.D.N.Y. Apr. 22, 2010)

Citing Cases

NXIVM Corp. v. Sutton

See Manheim Auto. Fin. Servs, Inc. v. Fleet Funding Corp., No. 09-435, 2010 WL 1692954, at *6 (E.D.N.Y. Mar.…

Golub Corp. v. KLT Indus.

As the Court noted in the August Order, under New York choice of law rules, attorneys' fees are procedural,…