UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

EXP GROUP LLC, NOT FOR PUBLICATION Plaintiff, MEMORANDUM AND ORDER v. ADOPTING REPORT AND RECOMMENDATION CFK PRODUCE CORP., and KOJI UENO, 19-CV-5083 (LDH) (RML) Defendant.

LASHANN DEARCY HALL, United States District Judge: On March 24, 2021, this Court adopted in full Magistrate Judge Robert M. Levy’s report and recommendation (the “February 2021 R&R”), recommending that that EXP Group LLC’s (“Plaintiff”) motion for default judgment be granted in part and denied in part. (February 2021 R&R, ECF No. 47.) Specifically, the Court ordered that default judgment be entered against CKF Produce Corporation and Koji Ueno (together “Defendants”) with respect to liability, and that the determination as to damages, attorney’s fees, and costs be deferred pending liability and relief being addressed as to Katheryn De La Rosa. By stipulation and order dated March 12, 2021, De La Rosa was dismissed from this action. Accordingly, by order dated March 24, 2021, the Court referred the outstanding determination of damages, attorney’s fees, and costs to Judge Levy for report and recommendation. On May 18, 2021, Judge Levy issued his report and recommendation (the “May 2021 R&R”), recommending that plaintiff’s requested damages be awarded in part. (May 2021 R&R, ECF No. 55.) Specifically, Judge Levy recommends that Plaintiff be awarded $425,129.50 in unpaid principal, $45,495.78 in pre-judgment interest, post- judgment interest, and $14,315 in attorney’s fees., and that Plaintiff not be awarded the requested sum for costs. (Id.) No party objected. STANDARD OF REVIEW When deciding whether to adopt a report and recommendation, a district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.”

(b)(1)(C). The Court conducts a de novo review of those portions of a report and recommendation to which a party submits a timely objection.

“To

accept those portions of the report to which no timely objection has been made, ‘the district court need only satisfy itself that there is no clear error on the face of the record.’” Estate of Ellington ex rel. Ellington v. Harbrew Imports Ltd.,

(E.D.N.Y. 2011) (quoting Urena v. New York,

, 609–10 (S.D.N.Y. 2001)). DISCUSSION The court assumes familiarity with the facts of this action and will not reproduce them here. The Court has reviewed the chart upon with Judge Levy based his damages calculations as well as the underlying invoices submitted by Plaintiff in support of its damages calculations. (May 2021 R&R at 6-7; (Pl.’s Mem. at 9, ECF No. 32-10; Calculations of Interest Chart,

attached as Ex. E to the Gentile Decl., Dkt. No. 32-8; Invoices, annexed as Ex. A to the Serafino Decl., Dkt. Nos. 32-4, 32-5, 32-6.) The Court finds error in the amount of principal calculated in the May 2021 R&R and the interest owed on the unpaid balance. Specifically, the Court notes that the invoice amounts total $426,533.50, not $425,129.50. Further, with respect to order numbers 227914, 228253, and 228286, the Court notes that the number of days between the date the invoices became past due and March 1, 2021, is incorrect in the May 2021 R&R. The Court has produced below a corrected chart of pre-judgment interest damages. Invoice Order Payment Invoice Number Per Diem Interest Date Number Due Date Amount of Days Interest Owed 6/29/2019 218126 7/9/2019 $2,376.00 235 $1.17 $275.36 7/1/2019 218157 7/11/2019 $12,009.00 233 $5.92 $1,379.88 7/1/2019 218249 7/11/2019 $1,872.00 233 $0.92 $215.10 7/2/2019 218621 7/12/2019 $12,530.00 232 $6.18 $1,433.57 7/3/2019 219029 7/13/2019 $13,652.00 231 $6.73 $1,555.21 7/5/2019 219440 7/15/2019 $15,940.00 229 $7.86 $1,800.13 7/6/2019 219781 7/16/2019 $17,159.50 228 $8.46 $1,929.39 7/6/2019 219784 7/16/2019 $2,688.00 228 $1.33 $302.23 7/8/2019 220174 7/18/2019 $18,095.00 226 $8.92 $2,016.72 7/8/2019 220177 7/18/2019 $2,250.00 226 $1.11 $250.77 7/9/2019 220564 7/19/2019 $19,867.00 225 $9.80 $2,204.42 7/10/2019 220928 7/20/2019 $2,592.00 224 $1.28 $286.33 7/10/2019 220960 7/20/2019 $11,323.00 224 $5.58 $1,250.80 7/11/2019 221430 7/21/2019 $13,861.50 223 $6.84 $1,524.39 7/11/2019 221435 7/21/2019 $1,296.00 223 $0.64 $142.52 7/11/2019 221473 7/21/2019 $882.00 223 $0.43 $97.00 7/12/2019 221927 7/22/2019 $9,642.00 222 $4.75 $1,055.60 7/13/2019 222305 7/23/2019 $20,695.00 221 $10.21 $2,255.47 7/15/2019 222643 7/25/2019 $11,428.00 219 $5.64 $1,234.22 7/16/2019 222943 7/26/2019 $12,010.00 218 $5.92 $1,291.16 7/17/2019 223469 7/27/2019 $15,362.00 217 $7.58 $1,643.94 7/18/2019 224022 7/28/2019 $14,077.00 216 $6.94 $1,499.49 7/19/2019 224394 7/29/2019 $13,101.00 215 $6.46 $1,389.06 7/20/2019 224878 7/30/2019 $14,107.25 214 $6.96 $1,488.80 7/22/2019 225248 8/1/2019 $15,109.00 212 $7.45 $1,579.61 7/23/2019 225625 8/2/2019 $17,537.50 211 $8.65 $1,824.86 7/24/2019 226088 8/3/2019 $10,623.25 210 $5.24 $1,100.16 7/25/2019 226641 8/4/2019 $13,552.00 209 $6.68 $1,396.78 7/26/2019 227085 8/5/2019 $5,978.00 208 $2.95 $613.20 7/27/2019 227551 8/6/2019 $12,068.00 207 $5.95 $1,231.93 7/29/2019 227914 8/8/2019 $14,225.00 205 $7.02 $1,438.09 7/30/2019 228253 8/9/2019 $7,930.00 204 $3.91 $797.78 7/30/2019 228286 8/9/2019 $1,824.00 204 $0.90 $183.50 7/31/2019 228651 8/10/2019 $12,154.50 203 $5.99 $1,216.78 8/1/2019 229179 8/11/2019 $12,521.00 202 $6.17 $1,247.30 8/2/2019 229741 8/12/2019 $10,390.00 201 $5.12 $1,029.89 8/3/2019 230161 8/13/2019 $9,968.00 200 $4.92 $983.15 8/5/2019 230650 8/15/2019 $13,734.00 198 $6.77 $1,341.04 8/6/2019 231017 8/16/2019 $10,104.00 197 $4.98 $981.61 Total = Total =

$426,533.50 $45,487.24 Accordingly, the Court awards Plaintiff $426,533.50 in principal and $45,487.24 in pre- judgement interest. The Court finds no error in Judge Levy’s May 2021 R&R with respect to attorney’s fees, post-judgment interest, and costs. Consistent with Judge Levy’s the Court awards Plaintiff $14,315 in attorney’s fees, post-judgment interest, and declines awarding Plaintiff its requested costs.

CONCLUSION For the foregoing reasons, Judge Levy’s May 2021 R&R is ADOPTED IN PART as the opinion of this Court. Plaintiff is awarded $426,533.50 in principal, $45,487.24 in pre- judgement interest, $14,315 in attorney’s fees, and post-judgment interest as prescribed by

. Plaintiff’s requests for costs is DENIED. Plaintiff is directed to serve a copy of this Memorandum and Order on the defaulting defendants by first-class mail, and to file proof of service with the Court. Further, the Clerk of Court is respectfully directed to enter judgment consistent with this Memorandum and Order and close this case. SO ORDERED.

Dated: Brooklyn, New York /s/ LDH March 31, 2022 LASHANN DEARCY HALL United States District Judge