Opinion
8:20-cv-595-TPB-TGW
08-18-2021
AVANGARDCHIK, LLC, Plaintiff, v. PETER STURNIALO, REAL HOLDING SERVICES, INC., and N.J.S.N. HOLDINGS, INC., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
TOM BARBER UNITED STATES DISTRICT JUDGE
This matter is before the Court on consideration of the report and recommendation of Thomas G. Wilson, United States Magistrate Judge, entered on August 3, 2021. (Doc. 35). Judge Wilson recommends that “Plaintiff's Request for Entry of Default Judgment” (Doc. 29) against Defendants Peter Sturnialo, Real Holding Services, Inc., and N.J.S.N. Holdings, Inc. be granted. Judge Wilson specifically recommends that Plaintiff be awarded $234, 925.00 against Peter Sturnialo, $195, 000.00 against Real Holding Services, Inc., and $39, 925.00 against N.J.S.N. Holdings, Inc., along with $400.00 in costs against Defendants. Judge Wilson further recommends that the Court find Peter Sturnialo is jointly and severally liable as principal of the two entities for the damages awarded against the entities. No. party has filed an objection, and the time to object has expired.
After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify the magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1); 718 F.2d 198, 199 (4th Cir. 1983); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). A district court must “make a de novo determination of those portions of the [report and recommendation] to which an objection is made.” 28 U.S.C. § 636(b)(1)(C). When no objection is filed, a court reviews the report and recommendation for clear error. Macort v. Prem, Inc., 208 Fed.Appx. 781, 784 (11th Cir. 2006); Nettles v. Wainwright, 677 F.2d 404, 409 (5th Cir. 1982).
Upon due consideration of the record, including Judge Wilson's report and recommendation, the Court adopts the report and recommendation. Consequently, Plaintiff's “Request for Entry of Default Judgment” is granted.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1) Judge Wilson's report and recommendation (Doc. 35) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review.
(2) Plaintiff's “Request for Entry of Default Judgment” (Doc. 29) is hereby GRANTED. Default judgment is to be awarded as follows:
a) $234, 925.00 against Peter Sturnialo,
b) $195, 000.00 against Real Holding Services, Inc., and
c) $39, 925.00 against N.J.S.N. Holdings, Inc.,
Plaintiff is also entitled to recover $400.00 in costs from Defendants.
(3) Peter Sturnialo is jointly and severally liable as principal of the two entities for the damages awarded against the entities.
(4) The Clerk is DIRECTED to enter final default judgment in accordance with this Order.
(5) Following the entry of final default judgment, the Clerk is DIRECTED to terminate any pending motions and deadlines, and thereafter close this case.
DONE and ORDERED