PNC Equipment Finance, LLC v. Montauk Transport Service Inc.

District Court, E.D. New York

PNC Equipment Finance, LLC v. Montauk Transport Service Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -----------------------------------------------------------------x PNC EQUIPMENT FINANCE, LLC,

Plaintiff, ORDER ADOPTING - against - REPORT AND RECOMMENDATION MONTAUK TRANSPORT SERVICE, INC. et al., 18-CV-5883 (RRM) (ARL)

Defendants. -----------------------------------------------------------------x ROSLYNN R. MAUSKOPF, Chief United States District Judge.

In a report and recommendation dated December 16, 2019, (the “R&R”), Magistrate Judge Arlene R. Lindsay recommended that the Court enter a default judgment in favor of plaintiff PNC Equipment Finance, LLC (“PNC”), in the amount of (a) $3,804,778.01 in principal and interest on outstanding notes; (b) $1,156.67 per day from April 15, 2018, until the date of judgment in additional interest; and (c) $2,174.50 in attorneys’ fees and costs. (Doc. No. 18.) Magistrate Judge Lindsay ordered PNC to serve a copy of the R&R on defendants and file proof of service with Court. (Id. at 11.) Magistrate Judge Lindsay advised the parties that they had 14 days from the date of service of the R&R in which to file objections. (Id.) On December 19, 2019, PNC filed proof of service. (Affirmation of Service (Doc. No. 19).) To date, neither party has filed an objection to the R&R. Pursuant to

28 U.S.C. § 636

(b) and Federal Rule of Civil Procedure 72, the Court has reviewed the R&R for clear error and, finding none, adopts the R&R in its entirety. See Covey v. Simonton,

481 F. Supp. 2d 224, 226

(E.D.N.Y. 2007). Accordingly, it is ORDERED that the R&R is adopted in its entirety and the Clerk of Court is respectfully directed to enter judgment in favor of plaintiff and against defendants: (1) $3,804,778.01 in principal and interest on outstanding notes; (2) $1,156.67 per day from April 15, 2018, until the date of judgment in additional interest; (3) $2,174.50 in attorneys’ fees and costs. The Clerk of Court is further directed to mail a copy of the judgment and this Order to

defendants, to note that mailing on the docket, and to close this case. SO ORDERED.

Dated: Brooklyn, New York Roslynn R. Mauskopf May 7, 2020 ________________________________ ROSLYNN R. MAUSKOPF Chief United States District Judge

Reference

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