Rolex Watch, U.S.A., Inc. v. Pharel

Full title: ROLEX WATCH, U.S.A., INC., Plaintiff, v. JEAN D. PHAREL AND TERRANCE…

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

Date published: Mar 28, 2011

09-CV-4810 (RRM) (ALC) (E.D.N.Y. Mar. 28, 2011)

Opinion

09-CV-4810 (RRM) (ALC).

March 28, 2011

ORDER

ROSLYNN MAUSKOPF, District Judge

On March 1, 2010, Plaintiff moved for default judgment against Defendant Jean D. Pharel (Doc. No. 11). By Order entered March 3, 2010, this Court referred that motion to the assigned Magistrate Judge, the Honorable Andrew L. Carter, for a Report and Recommendation. On April 23, 2010, Plaintiff moved for default judgment against Defendant Terrance Deandra McKnight (Doc. No. 16). By Order dated April 23, 2010, this Court referred that motion to Magistrate Judge Carter for a Report and Recommendation. On March 11, 2011, Magistrate Judge Carter electronically filed his Report and Recommendation (the "R R"), addressing both motions, and recommending that they be granted (Doc. No. 32). The Magistrate Judge reminded the parties that, pursuant to Rule 72(b), objections to the R R shall be filed electronically within 14 days of the date the R R was served, in this case, by March 25, 2011. No party has filed any objections.

Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, the Court has reviewed for clear error the Magistrate Judge's well-reasoned and comprehensive R R and, finding none, concurs with the R R in its entirety. See Covey v. Simonton, 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007). Accordingly, this Court adopts in its entirety the recommendation set forth therein.

Accordingly, it is hereby ORDERED that:

1) Plaintiff's Motions for Default Judgment (Doc. Nos. 16, 11) are GRANTED;

2) Default judgment shall be awarded in favor of Plaintiff and against Defendants Pharel and McKnight, jointly and severally, in the sum total of the following amounts: (1) $1,000,000.00 in principal damages; (2) $37,192.60 in attorney's fees; (3) $350.00 in costs; and

3) That by March 31, 2011, Plaintiff shall submit electronically via ECF and in Word or Word Perfect format directly to chambers¹ a proposed permanent injunction that conforms to the parameters set forth in Magistrate Judge Carter's R R. Upon receipt of this proposed Order, the Court will enter judgment accordingly.

1 Plaintiff shall contact chambers to arrange to transmit said electronic courtesy copy.

Plaintiff is directed to serve a copy of this Order on Defendants by overnight mail, and to file proof of service with the Court.

SO ORDERED.