NEWMAN v. MOR

Full title: MITCHELL NEWMAN, Plaintiff, v. MOSHE MOR, et al., Defendants

Court: United States District Court, E.D. New York

Date published: Mar 30, 2009

08 CV 658 (RJD) (CLP) (E.D.N.Y. Mar. 30, 2009)

Opinion

08 CV 658 (RJD) (CLP).

March 30, 2009

ORDER

RAYMOND DEARIE, District Judge

This Court has reviewed the Report Recommendation of Magistrate Judge Cheryl L. Pollak, dated March 10, 2009. Objections to the Report Recommendation were to be filed on or before March 27, 2009. No objections have been filed.

The Court adopts the Report Recommendation in its entirety.¹ Judgment should therefore be entered against the defendants, jointly and severally, ² in the amount of $522,500, plus $65,706.16 in pre-judgment interest, as well as post-judgment interest in accordance with 28 U.S.C. § 1961.

1 The Court notes one minor typographical error: plaintiff requested entry of default and the Clerk of Court entered default on June 18, 2008, not June 18, 2005, as stated in the Report Recommendation at page 6.

2 As stated in the Report Recommendation, individual defendant Vradii is jointly and severally liable with the other defendants for the $16,000 she received directly from plaintiff to cover certain expenses related to the subject transaction. All other defendants are liable for the full amount of damages. (See R R 16.)

The Report Recommendation invited additional submissions in support of plaintiff's request for reimbursement of litigation costs, to be filed by March 23, 2009. (See R R 15-16.) No such filings were made, and this Court is not in a position to award costs pursuant to 29 U.S.C. § 1132(g)(2)(D). Plaintiff's request is therefore denied, as are his requests for award of attorney's fees and punitive damages.

SO ORDERED.