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American Home Mortgage Corp. v. America's Choice Marketing

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


March 20, 2008

AMERICAN HOME MORTGAGE CORP., INDIVIDUALLY AND AS ASSIGNEE OF UNION FEDERAL BANK OF INDIANAPOLIS, PLAINTIFF,
v.
AMERICA'S CHOICE MARKETING, INC., DEFENDANT.

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

ORDER ADOPTING REPORT & RECOMMENDATION

Upon review of the Report and Recommendation ("Report") of Magistrate Judge A. Kathleen Tomlinson issued February 12, 2008, to which no party has objected, the Court hereby ADOPTS the Report in its entirety and orders the entry of a default judgment against Defendant America's Choice Marketing, Inc. in the total amount of $137,496.01, inclusive of principal, interest and costs.

Pursuant to Rule 72 of the Federal Rules of Civil Procedure any objections to the Report were to be filed with the Clerk of the Court within ten days of service of the Report. An affidavit of service has been filed, indicating that Plaintiff served Defendants with a copy of the Report via first class mail on February 13, 2008. The time for filing objections has expired and no party has objected. Accordingly, all objections are hereby deemed to have been waived.

The Court ADOPTS the Report in its entirety and ORDERS the entry of a default judgment against Defendant America's Choice Marketing, Inc. in the amount of $137,496.01, inclusive of principal, interest and costs. The Clerk of the Court is directed to mark this matter closed.

Plaintiff is directed to serve a copy of this Order on Defendant and file proof of service with the Court.

SO ORDERED.

Joanna Seybert, U.S.D.J.

20080320

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