Donald v. Kopiec

District Court, S.D. New York

Donald v. Kopiec

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK USDC SDNY cscs cant sce ssaaaK DOCUMENT : ELECTRONICALLY FILED DONALD DYE, : DOC #: Plaintiff, : DATE FILED:_6/19/2019 -against- : : 16 Civ. 2952 (LGS) JERZY KOPIEC, : Defendant. : ORDER

LORNA G. SCHOFIELD, District Judge: WHEREAS, on May 10, 2019, Judge Fox filed a Report and Recommendation (the “Report”) recommending awarding Plaintiff (1) €1,020,000, reduced by $4,000, after converting 020,000 into U.S. dollars by using the conversion rate on the date of final judgment at the Best Exchange Rate website, at https://www.poundsterlinglive.com, (2) prejudgment interest at the rate of 1% per year on €1,020,000, starting on March 25, 2015, and ending on the final judgment date, (3) $100 in costs, (4) $131,313 in attorneys’ fees and $10,060 in expenses for Moses & Singer LLP, (5) $8159.60 in attorneys’ fees and $205.48 in expenses for Bast Amron LLP and (6) post-judgment interest under

28 U.S.C. § 1961

. WHEREAS, Judge Fox found that the date of final judgment is not the date that default judgment was entered, but is a future date when a final judgment order is entered; WHEREAS, the Report stated that the parties “shall have fourteen days from service of this Report and Recommendation to file written objections;” WHEREAS, no objections were timely filed; WHEREAS, in reviewing a Report and Recommendation of a magistrate judge, a district judge “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). “In a case such as this one, where 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.” Poulos, v. City of New York, No. 14 Civ. 3023,

2018 WL 3745661

, at *1 (S.D.N.Y. Aug. 6, 2018) (internal quotation marks omitted); WHEREAS, the Court finds no clear error on the face of the record. It is hereby ORDERED that the Report is adopted. Plaintiff shall be awarded: (1) €1,020,000, reduced by $4,000, after converting €1,020,000 into U.S. dollars by using the Best Exchange Rate website’s (https://www.poundsterlinglive.com) conversion rate on the date of final judgment, which will follow separately, (2) prejudgment interest at the rate of 1% per year on €1 020,000, starting on March 25, 2015, and ending on the final judgment date, (3) $100 in costs, (4) $131,313 in attorneys’ fees and $10,060 in expenses for Moses & Singer LLP, (5) $8159.60 in attorneys’ fees and $205.48 in expenses for Bast Amron LLP and (6) post-judgment interest under

28 U.S.C. § 1961

. The Clerk of Court is respectfully directed to enter final judgment in favor of Plaintiff and to close the case. Dated: June 19, 2019 New York, New York

UNITED STATES DISTRICT JUDGE

Reference

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