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Baumgartner v. Salzman

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


September 10, 2009

JOHANNES BAUMGARTNER, WIRTSCHAFTS-UND VERMOGENSBERATUNG GMBH, HOLGER KNUT THEILER, PLAINTIFFS,
v.
STANLEY P. SALZMAN, ESQ., STANLEY P. SALZMAN, P.C., POSTBANK FINANZBERATUNG AG, BHW BAUSPARKASSE AG, PETER SCHMIDT, AMBIENTE GMBH, BLACKSTONE CAPITAL TRADE AG, CARTER BAILEY OPPENHEIM & DRYFUS, INC., J. GREENBAUM, JOHN RALSTON, FERNANDO FARIA SAMPAIO, SINO-IBERIAN HOLDINGS LIMITED, IT'S INVESTMENT TREAHAND & SERVICE GMBH, NORBERT SCHRAMM, ALI KARLI, LIDER INTERNATIONAL IMPORT & EXPORT GMBH, MESCUT CETIN, HUSEYIN COBAN, DEFENDANTS DOES 1-50, DEFENDANTS.

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

ORDER ADOPTING REPORT AND RECOMMENDATION

Plaintiffs commenced this action against Defendants alleging breach of contract, breach of fiduciary duty, gross negligence, conversion, unjust enrichment, constructive fraud, fraud, conspiracy and fraudulent concealment, constructive trust, and a violation of the federal securities laws.

On September 10, 2008 the Clerk of the Court certified that Defendants J. Greenbaum ("Greenbaum"), John Ralston ("Ralston"), and Carter Bailey Oppenheim & Dryfus, Inc. ("Carter Bailey"), have failed to answer or otherwise respond to the Complaint in this action. On November 4, 2008, this Court referred Plaintiff's motion for a default judgment against Greenbaum, Ralston, and Carter Bailey to Magistrate Judge A. Kathleen Tomlinson to report and recommend on whether the default should be granted. On August 14, 2009, Judge Tomlinson recommended that the default be granted and the calculation of damages be deferred until the remaining claims against the non-defaulting parties are resolved.

Pursuant to Rule 72 of the Federal Rule 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. 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 that default judgment be entered against Defendants Greenbaum, Ralston, and Carter Bailey (Docket Entry Nos. 9, 14). However, the calculation of damages shall be deferred until this case is resolved.

SO ORDERED

Joanna Seybert, U.S.D.J.

20090910

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