Weber Capital LLC v. Michael Racanello

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------x WEBER CAPITAL LLC, Plaintiff, ORDER 24-CV-6258 (EK)(JAM) -against- MICHAEL RACANIELLO, Defendant. ------------------------------------x ERIC KOMITEE, United States District Judge: The Court has received Magistrate Judge Marutollo’s Report and Recommendation (R&R) dated February 5, 2026. ECF No. 53. Judge Marutollo recommends that the Court grant plaintiff’s motion for default judgment and dismiss defendant’s counterclaim. Neither party has filed objections and the time to do so has expired. Accordingly, the Court reviews Judge Marutollo’s recommendation for clear error on the face of the record. See Fed. R. Civ. P. 72(b) advisory committee’s note to 1983 addition; accord State Farm Mut. Auto. Ins. Co. v. Grafman, 968 F. Supp. 2d 480, 481 (E.D.N.Y. 2013).

Having reviewed the record, I find no error and therefore adopt the R&R in its entirety. Thus, the Court grants plaintiff’s motion for default judgment in the amount of $515,000, as well as $405 in costs, plus post-judgment interest.

Defendant’s counterclaim is dismissed with prejudice pursuant to Fed. R. Civ. P. 41(b). The Court does not award pre-judgment interest. See R&R 10 (“Plaintiff’s counsel is not seeking attorneys’ fees or pre-judgment interest.”); see also Minute Entry dated Oct. 8, 2025 (indicating the same).

The Clerk of Court is respectfully directed to enter judgment and close this case.

SO ORDERED.

/s/ Eric Komitee ERIC KOMITEE United State s District Judge

Dated: February 25, 2026 Brooklyn, New York