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Joseph Murphy and Nancy Murphy v. Stuart Snyder

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


September 14, 2011

JOSEPH MURPHY AND NANCY MURPHY, PLAINTIFFS,
v.
STUART SNYDER, DOREEN SNYDER, BSEA ASSOC. LLC, S&D DEVELOPMENT LLC, S&D DEVELOPERS LIMITED LIABILITY CO., S&D DEVELOPMENT INC., MICHAEL MAISEL, NEIL SHIRVAN, 42 EVERETT LLC, 40 BOGERT ROAD LLC AND S&D CONTRACTING, INC., DEFENDANTS.

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

MEMORANDUM & ORDER

In this breach of contract case, Defendants have repeatedly ignored their discovery obligations and violated the orders of Magistrate Judge William D. Wall. Judge Wall, in a Report and Recommendation dated July 28, 2011 (the "R&R"), recommended that Defendants' answer be stricken and that Plaintiffs be awarded a default judgment. The time for objections has passed, and this Court finds the R&R to be comprehensive, well-reasoned, and free from clear error.

Accordingly, the R&R is ADOPTED in its entirety. Defendants' answer shall be stricken and Plaintiffs are awarded a default judgment. Within forty-five (45) days from the date of this Order, Plaintiffs shall submit to Judge Wall papers in support of their damages. Additionally, the Clerk of the Court is directed to terminate Docket Entry 39.

SO ORDERED.

Joanna Seybert, U.S.D.J.

20110914

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