Jean-Baptiste Meda v. Kogda ( 2019 )

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: nnn nnn nn nanan nnn nnn nn nnn nnn nnn nn nnn nnn nnn nnn nnn XK DATE FILED:_ 10/1/2019 MARTYR JEAN-BAPTISTE MEDA, : Plaintiff, : -against- : : 17 Civ. 6853 (LGS) DER KOGDA, ET AL., : Defendants. : ORDER nnn eK LORNA G. SCHOFIELD, District Judge: WHEREAS, on September 3, 2019, Judge Fox issued a Report and Recommendation (the “Report”), recommending awarding Plaintiff (1) $491,027 in damages, (2) $293,074 in attorney’s fees, and (3) post-judgment interest, to be calculated by the Clerk of Court, under 28 U.S.C. § 1961; WHEREAS, the Report stated that the parties “shall have fourteen (14) days from service of this Report to file written objections;” WHEREAS, Plaintiffs affidavit of service at Dkt. No. 109 confirms that Defendant was served on September 5, 2019, by mail and e-mail and through counsel; WHEREAS, no objections were timely filed; WHEREAS, in reviewing a Report and Recommendation of a magistrate judge, a district Judge “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). “In a case such as this one, where 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.” Poulos, v. City of New York, No. 14 Civ. 3023, 2018 WL 3745661, at *1 (S.D.N.Y. Aug. 6, 2018) (internal quotation marks omitted); WHEREAS, the Court finds no clear error on the face of the record. It is hereby ORDERED that the Report is adopted. Plaintiff is awarded (1) $491,027 in damages, (2) $293,074 in attorney’s fees, and (3) post-judgment interest, to be calculated by the Clerk of Court, under 28 U.S.C. § 1961, from the date of default judgment. Plaintiff shall transmit a copy of this Order to Defendants. The Clerk of Court is respectfully directed to enter judgment and close this case. It is further ORDERED that, per the Order at Dkt. No. 81, the Court will continue to retain Jurisdiction to enforce the judgment in this action, unless the parties request otherwise. Dated: October 1, 2019 New York, New York UNITED STATES DISTRICT JUDGE