Opinion
Civ. No. 14-1770 (KM)
12-09-2020
BANK OF HOPE, Plaintiff, v. MIYE CHON, et al., Defendants.
ORDER & JUDGMENT
IT APPEARING that, on March 18, 2020, the Hon. Joseph A. Dickson, U.S. Magistrate Judge, filed a Report and Recommendation (DE 388) that the Court grant the motion (DE 308) of Plaintiff/Counterclaim Defendant Bank of Hope ("Plaintiff" or "Bank of Hope") for default judgment pursuant to Federal Rule of Civil Procedure 55, against Defendant Miye Chon ("Ms. Chon") in the amount of $1,351,090.00 and for default judgment against Defendants Bergenfield Bagel & Café Inc., Maywood Bagel Inc., UB's Pizza and Bagel Inc., UB's Bagel & Café Inc., and UBK Bagels Corp. (the "Corporate Defendants"), jointly and severally, in the amount of $538,032.90, but denying the motion as to defendant Tae Jong Kim ("Mr. Kim"); and
IT APPEARING that no objection to the R&R (DE 388), timely or otherwise, has been filed, see Fed. R. Civ. P. 72(b); L. Civ. R. 72.1c(2); and
THE COURT having reviewed the Report and Recommendation de novo despite the lack of an objection; and
IT APPEARING that Judge Dickson's reasoning is sound, and that no error of law, clear error of fact, or abuse of discretion is apparent;
IT IS THEREFORE this 9th day of December, 2020,
ORDERED that the Report and Recommendation (DE 388), GRANTING the motion for default judgment (DE 308) as to Defendant Miye Chon ("Ms. Chon") in the amount of $1,351,090.00 and for default judgment against Defendants Bergenfield Bagel & Café Inc., Maywood Bagel Inc., UB's Pizza and Bagel Inc., UB's Bagel & Café Inc., and UBK Bagels Corp. (the "Corporate Defendants"), jointly and severally, in the amount of $538,032.90, but DENYING the motion as to defendant Tae Jong Kim ("Mr. Kim"), is ADOPTED and AFFIRMED pursuant to 28 U.S.C. § 636 and Fed. R. Civ. P. 72(b)(3); and it is further
"A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1); see also U.S. v. Raddatz, 447 U.S. 667, 680 (1980) (stating that the district court judge has broad discretion in accepting or rejecting the magistrate's recommendation). --------
ORDERED AND ADJUDGED that judgment is entered against defendant Miye Chon in the amount of $1,351,090.00; and it is further
ORDERED AND ADJUDGED that judgment is entered against Defendants Bergenfield Bagel & Café Inc., Maywood Bagel Inc., UB's Pizza and Bagel Inc., UB's Bagel & Café Inc., and UBK Bagels Corp., jointly and severally, in the amount of $538,032.90.
/s/ Kevin McNulty
KEVIN MCNULTY
United States District Judge