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Long Island Housing Services v. Greenview Properties

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


January 11, 2008

LONG ISLAND HOUSING SERVICES, PLAINTIFF,
v.
GREENVIEW PROPERTIES, INC., GREENVIEW COMMONS ASSOCIATES, L.P., LARRY GARGANO, PICKMAN REALTY CORPORATION, AXELROD & CHERVENY ARCHITECTS, P.C., AND STUDIO A ARCHITECTURAL GROUP, P.C. DEFENDANT(S).

The opinion of the court was delivered by: Spatt, District Judge.

ORDER

On November 19, 2007, a default judgment was entered against the Defendant Studio A Architectural Group, P.C. This matter was referred to United States Magistrate Judge William D. Wall for a Report and Recommendation ("Report") to determine the amount of damages to be awarded to the Plaintiff.

On December 3, 2007, Judge Wall issued a Report, recommending that because a calculation of damages against the defaulting defendant is complicated by the presence of several non-defaulting defendants, such calculation should be postponed until the case is resolved as to all defendants.

To date, there have been no objections filed to the Report. In reviewing a report and recommendation, a court "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)(C). "To accept the report and recommendation of a magistrate, to which 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." Wilds v. United Parcel Serv., 262 F. Supp. 2d 163, 169 (S.D.N.Y. 2003) (citing Nelson v. Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y. 1985)); see also Pizarro v. Bartlett, 776 F. Supp. 815, 817 (S.D.N.Y. 1991).

The Court has reviewed the Report and agrees that a determination of damages as against Studio A Architectural Group, P.C. is premature. There being no objection to Judge Wall's Report, it is hereby

ORDERED, that Judge Wall's Report and Recommendation is adopted in its entirety; and it is further

ORDERED, that the calculation of damages and entry of final judgment against Studio A Architectural Group is stayed until after resolution of the action as to all defendants.

SO ORDERED.

ARTHUR D. SPATT United States District Judge

20080111

© 1992-2008 VersusLaw Inc.



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