Keybank National Association v. Medical Records Retrieval, Inc.
Keybank National Association v. Medical Records Retrieval, Inc.
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK KEYBANK NATIONAL ASSOCIATION, MEMORANDUM & ORDER successor by merger to KEY EQUIPMENT 20-cv-04960 (NGG) (PK) FINANCE, INC. wr Plaintiff, -against- MEDICAL RECORDS RETRIEVAL, INC., —SSC~i fend NICHOLAS G, GARAUFIS, United States District Judge. Pending before the court is Plaintiff Keybank National Associa- tion’s motion for default judgment against Defendant Medical Records Retrieval, Inc. Keybank alleges breach of contract. (See Am. Mot. for Default J. (Dkt. 11).) This motion was referred to Magistrate Judge Peggy Kuo for a report and recommendation (“R&R”). (See August 11, 2021 Order Referring Mot.) Magistrate Judge Kuo issued the annexed R&R on March 11, 2022, recom- mending the court grant Plaintiffs motion, (See R&R (Dkt. 18).) No party has objected to Magistrate Judge Kuo’s R&R, and the time to do so has passed. See Fed. R. Civ. P. 72(b) (2). Therefore, the court reviews the R&R for clear error. See Velasquez v. Metro Fuel Oil Corp.,
12 F. Supp. 3d 387, 397(E.D.N.Y. 2014). Having found none, the court ADOPTS the R&R in full and, for the rea- sons stated in the R&R, awards Plaintiff $477,614.38 and post- judgment interest at the rate set forth by
28 U.S.C. § 1961, to be calculated from the date the Clerk of Court enters judgment in this action until the date of payment. SO ORDERED.
Dated: Brooklyn, New York March 28, 2022 s/Nicholas G. Garaufis NICHOLAS G. GARAUPIS United States District Judge
Reference
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