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Century 21 Real Estate LLC v. New Beginnings of North Shore Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


June 16, 2009

CENTURY 21 REAL ESTATE LLC, FORMERLY KNOWN AS CENTURY 21 REAL ESTATE CORPORATION, PLAINTIFF,
v.
NEW BEGINNINGS OF NORTH SHORE INC., D/B/A HOME SHORE REALTY II, KEVIN K. SANTORNINO, DEFENDANTS.

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

ORDER ADOPTING REPORT AND RECOMMENDATION

On February 26, 2008, Plaintiff commenced this action against Defendants alleging breach of contract. On March 28, 2008, the Clerk of the Court certified that Defendants had failed to answer or otherwise respond to the Complaint in this action. On June 27, 2008, this Court entered a default judgment and referred the matter to the Honorable E. Thomas Boyle to report and recommend as to whether Plaintiff is entitled to any damages. On December 9, 2008, Judge Boyle filed a Report and Recommendation ("R&R").

Pursuant to Rule 72 of the Federal Rule of Civil Procedure, any objections to the R&R were to be filed with the Clerk of the Court within ten days of service of the R&R. 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 R&R in its entirety and GRANTS Plaintiff an award of $319,983.68 against Defendants, which represents (1) $78,329.61 in unpaid royalty and national advertising fees; (2) $205,987.07 in liquidated damages; (3) $10,433.98 in interest; (4) $24,521.50 in attorney's fees; and (5) $711.52 in expenses. The Clerk of the Court is directed to mark this matter CLOSED.

SO ORDERED

Joanna Seybert, U.S.D.J.

20090616

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