MULLIGAN FUNDING LLC v. TOMMY INTERIOR CONTRACTING CORP THANAS PANDO (2024)

ORDER ADOPTING REPORT & RECOMMENDATION

The Court has received a Report and Recommendation (“R&R”) dated May 13, 2024, from Magistrate Judge Joseph A. Marutollo. (ECF No. 18). Judge Marutollo recommends that I grant in part plaintiff Mulligan Funding LLC's motion for default judgment against defendant Tommy Interior Contracting Corp. but deny that motion as to defendant Thanas Pando because it does not comply with Local Civil Rule 55.2(c) or the Servicemembers Civil Relief Act, 50 U.S.C. § 3931. (Id.) No party has filed objections, and the time to do so has expired. Accordingly, the Court reviews Judge Marutollo's recommendation for clear error on the face of the record. See Fed. R. Civ. P. 72(b) advisory committee's note to 1983 addition; accord State Farm Mut. Auto. Ins. Co. v. Grafman, 968 F. Supp. 2d 480, 481 (E.D.N.Y. 2013).

Having reviewed the record, I find no clear error and therefore adopt the R&R in its entirety. Plaintiff's motion for default judgment against Tommy Interior Contracting Corp. is granted in the amount of $169,594.45 plus post-judgment interest pursuant to 28 U.S.C. § 1961. Plaintiff's motion for default judgment against Thanas Pando is denied without prejudice. Plaintiff is given leave to properly file and serve a second motion for default judgment against defendant Thanas Pando within fourteen (14) days.

SO ORDERED.

RAMÓN E. REYES, JR. United States District Judge