Summary
holding that, "[w]hen there are multiple defendants who may be jointly and severally liable for damages alleged by plaintiff, and some . . . of those defendants default, the better practice is for the district court to stay its determination of damages against the defaulters until plaintiff's claim against the nondefaulters is resolved"
Summary of this case from Teller v. City of SchenectadyOpinion
07CV0352 (ADS) (WDW).
January 11, 2008
RELMAN DANE, PLC, Attorneys for the Plaintiff, Washington, DC, By: Elena Grigera, Esq., Scott Chang, Esq. Of Counsel.
LAW OFFICES OF MARTIN J. COLEMAN, Attorneys for the Plaintiff, Woodbury, NY, By: Martin J. Coleman, Esq., Of Counsel. CERTILMAN BALIN ADLER HYMAN, LLP, Attorneys for Defendants Greenview Properties, Inc., Greenview Commons Associates, L.P., Larry C. Gargano, and Pickman Realty Corporation, East Meadow, NY, By: Douglas E. Rowe, Esq., Of Counsel.
FARBER, BROCKS ZANE, LLP, Attorneys for Defendant Axelrod Cherveny Architects, P.C., Mineola, NY, By: Braden H. Farber, Esq., Of Counsel.
NO APPEARANCE , Studio A Architectural Group, P.C.
ORDER
On November 19, 2007, a default judgment was entered against the Defendant Studio A Architectural Group, P.C. This matter was referred to United States Magistrate Judge William D. Wall for a Report and Recommendation ("Report") to determine the amount of damages to be awarded to the Plaintiff.
On December 3, 2007, Judge Wall issued a Report, recommending that because a calculation of damages against the defaulting defendant is complicated by the presence of several non-defaulting defendants, such calculation should be postponed until the case is resolved as to all defendants.
To date, there have been no objections filed to the Report. In reviewing a report and recommendation, a 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)(C). "To accept the report and recommendation of a magistrate, to which no timely objection has been made, a district court need only satisfy itself that there is no clear error on the face of the record." Wilds v. United Parcel Serv., 262 F. Supp. 2d 163, 169 (S.D.N.Y. 2003) (citingNelson v. Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y. 1985)); see also Pizarro v. Bartlett, 776 F. Supp. 815, 817 (S.D.N.Y. 1991).
The Court has reviewed the Report and agrees that a determination of damages as against Studio A Architectural Group, P.C. is premature. There being no objection to Judge Wall's Report, it is hereby
ORDERED, that Judge Wall's Report and Recommendation is adopted in its entirety; and it is further
ORDERED, that the calculation of damages and entry of final judgment against Studio A Architectural Group is stayed until after resolution of the action as to all defendants.